The Related Party, H.M. Harris-H. Marwan Ibrahim as elected regent and vice in Pelalawan Election 2011 hailed by their supporters after the decision reading session for case 28/PHPU.D-IX/2011, The Court stated to reject the petition of H. Abdul Anas Badrun-Narsum as Petitioners due to the unreasonable arguments, Thursday (31/3) at the Constitutional Court Building.
Jakarta, MKOnline - H. Abdul Anas Badrun-Narsum pair this time has to accept the decision of Pelalawan Regency Election Commission concerning the recapitulation of the election result and the announcement of candidate pair H.M. Harris-H. Marwan Ibrahim as elected Regent and Vice Regent in Pelalawan Regional Election 2011. The Constitutional Court (The Court) in the decision reading session for case 26/PHPU.D-IX/2011, Thursday (31/3) stated to reject their petition after considering that the proposed arguments were legally unreasonable.
The Court’s rejection was based on the consideration on the witness information and evidence submitted by the Petitioner in the court sessions. The Petitioners claimed that the Respondents, Pelalawan Election Commission, did not authorize the punctured ballots belong to the Petitioners as many as 2,693 votes from 11 Districts namely; Pangkalan Kerinci, Langgam, Bandar Sei Kijang, Pangkalan Kuras, Pangkalan Lesung, Ukui, Kerumutan, Pelalawan, Teluk Meranti, Bandar Petalangan, dan Kuala Kampar, while similar ballots for other candidates were counted.
However, after The Court examined and observed closely on the Petitioners’ evidence, the evidence was merely letters of complaints from the Petitioners’ Success Team to the Election Monitoring Committee of Pelalawan Regency, Minutes of Clarification on punctured ballots, handwriting of Head of Pelalawan Election Commission and letters of acknowledgement from the people concerning the unavailability of socialization program on punctured ballots. Even though, the Petitioners’ witnesses expressed their objections in the Witness Objection Form (DB-2 KWK KPU Model), according to The Court, the objections were not related at all to the result of the recapitulation in the level of regency.
On the Petitioners claims about the Respondents having accepted the allegedly forged diploma of the Related Party, the result of substantiation held by The Court found out that the Office of Religious Department of Rohul Regency of Riau Province had issued a Certificate of C-Package equal to Senior High School/ Madrasah Aaliyah under the name H.M. Haris; Diploma of C-Package, Decree on National Examination Results and Certificate of Passing C-Package Equality Education on Islamic Boarding School (Pondok Pesantren) under the name of M. Haris which all had been legalized by the Departement of Religious Affairs Office of Riau Province.
The Petitioners also argued on the impartiality of the the Pelalawan Election Commission apparatus, Pelalawan Government apparatus starting from SKPD, UPTD up to the village government for providing campaigning space to the Related Party. Besides that, the apparatus were also claimed to make terrors/intimidation and deceitful acts with intention to win the Related Party. After observing the Petitioners’ evidence, The Court did not find the violations as mentioned. Meanwhile, Petitioners’ evidence regarding the Letter of Acknowledgement, according to The Court the letter made and signed by the person himself was an ordinary letter which did not have a substantiation value.
Similarly, the Petitioners’ claims on the updated Permanent Voters List, voters not receiving invitations, unlocked ballot boxes and money politics. The Court considered that the Petitioners’ claims were legally unreasonable. Consequently, in the verdict The Court stated to reject the entire petition. “In the main substance, to reject the Petitioners’ petition in its entirety,’ emphasized the Chairman of the Plenary Session Moh. Mahfud MD at the closing of the session. (Nur Rosihin Ana/mh/YDJ)
Thursday, March 31, 2011 | 20:45 WIB 230