Registrar of the Constitutional Court, Kasianur Sidauruk handed out a copy of the decision for Election dispute case of Nunukan Regency, East Kalimantan to Head of Nunukan Election Commission, Muhammad Sain after the session for decision reading, Thursday (31/3) at the Plenary Courtroom.
Jakarta, MKOnline - Despite presenting three experts to support their arguments, the Petitioners in the election dispute case of Nunukan Regency, East Kalimantan, still could not convince the Constitutional Justices to grant their petition. That was revealed after the Constitutional Court (The Court) read the decision number 29/PHPU.D-IX/2011, Thursday (31/3) at the Plenary Courtroom of The Court. In the decision, The Court rejected the entire petition. “The main substance does not have a legal reasoning and unproven,” announced the Chief Justice of The Court, Moh. Mahfud MD.
In the petition filed by candidate pair 1 in the regional head election, Asmin Laura Hafid and Karel, The Court argued that the claimed violations should they exist, were unproven to be structured, systematic and massive also insignificant to affect the election result in determining the elected candidate pair.
According to The Court, the Related Party, candidate pair 2 Basri and Asmah Gani failed to deny Petitioners’ arguments. “The Court have found facts that Basri, as a member of Indonesian Military Force as one of the candidate in Nunukan Election 2011 have resigned from the military beforehand, therefore his candidacy do not breach the existing law, therefore according to The Court, Petitioners’ argument on this is unproven and does not have a legal ground,” stated The Court in the legal consideration part.
Then on the claims about money politic practices conducted by the Related Party, according to The Court were also unreasonable, in fact on contrary, during The Court’s sessions it was found out that the Related Party were not the only people who had conducted violations as claimed by the Petitioners but the Petitioners themselves have committed money politic fouls, and it would be unfair if The Court did not consider the violations committed by the Petitioners said one of the justices.
Besides that, The Court also failed to find evidence of names which were considered by the Petitioners as members of Relate Party Success Team and also Members of the Polling Committee Group (KPPS). “According to the evidence submitted by the Related Party, the names were unproven to hold the two positions at the same time,” continued The Court.
Further, on the arguments of the Petitioners who stated that the Respondents had committed violations in Krayan and South Krayan Districts by ignoring the use of illegal ballots in several poll centers, according to The Court was also unproven. The Court found the fact that there was no problem concerning the number of the Permanent Voters List in several poll centers in Krayan and South Krayan Districts. Besides that, based on the facts revealed in the sessions that no witnesses from candidate pairs made their objections to the election process in those two districts (Dodi/mh/YDJ)
Thursday, March 31, 2011 | 20:52 WIB 189