Board of Constitutional Justices while reading decision for case No. 27/PHPU.D-IX/2011 about the Election Dispute of Rokan Hulu Regency, Thursday (24/3) at the Plenary Courtroom.
Jakarta, MKOnline - The Constitutional Court (The Court) held a plenary session for decision reading of Rokan Hulu Election Dispute, Thursday (24/3). In the verdict, The Court stated that the petition was rejected in its entirety.
In the conclusion of The Court’s decision, read by the Chief Justice of The Court, Mahfud MD, it was stated that the petition was not legally proven, Then because of that, The Court decided that the Petitioners’ lawsuit was rejected in its entirety. “To reject the Petitioners’ petitions in its entirety,” announced Mahfud. It was decided in the Justice Deliberation Meeting by eight constitutional justices.
In the legal consideration of The Court, it was found that some of the Petitioners’ arguments could not be proven. For example, on the distribution of rice by Hotrida Br Hasibuan (the wife of West Tambusai Sub-District Head) to the people of the West Tambusai Village as explained by witness Eri Tondang Harahap, The Court saw that the argument that the rice was used as a money politic facility, could not be proven further by the Petitioner because the photo submitted did not show a letter with number 5 on it.
Besides that, the witness brought forth by the Related Party stated that the rice was an aid from the Social Service to anticipate the lack of food in West Tambusai Village during the rainy season which caused the rubber farmers to stop their job temporarily,” explained Muhammad Alim as a member of the panel while reading a part of the legal consideration.
Another argument which was stated to be unproven was on the statement of the incumbent regent who would be a candidate in the election to the participant of a comparative study in Bogor also demanded support from The Court considering that the statement was made on July 2010 or prior to the candidacy stage as explained by witnesses and evidence of Related Party.
Petitioners’ other argument which was stated unproven was on the letter of statement and witnesses proposed by the Petitioners related to 5 threats to Bonal Darussalam District Head to dismiss the head of Neighborhood units if they did not support the candidate 5 ( the incumbent Regent, Ahmad-Hafid Sukri).
“Based on the evidence and the fact revealed before the court, The Court considers that the evidence in form of a statement letter and the witness brought forth by the Petitioners failed to provide a believe for The Court on the truth of the Petitioners’ arguments. Should the Petitioners’ arguments have been right, quod non, the Petitioners still have to prove that the threats mentioned had affected to the Head of Neighborhood Units also influential significantly on the vote result of each candidate. Therefore, according to The Court, the Petitioners’ arguments have to be announced unproven,” explained Harjono. (Yusti Nurul Agustin/mh/YDJ)
Thursday, March 24, 2011 | 22:09 WIB 208