Petitioner Witness Hans Menufandu giving testimony in the session for Supiori Election Dispute, Tuesday (5/4) at the Panel Courtroom of the Constitutional Court.
Jakarta, MKOnline - During the Plenary Meeting of Vote Recapitulation Result in Supiori Regency level, the Petitioners with their witnesses and the Supervisory Committee did not file any objections. “But, when they were asked to sign the Minutes of Proceeding for the Vote Recapitulation Result, their witnesses did not want to sign without clear reasons.
That was stated by the Respondent’s (Supiori Election Commission) Counsel, Budi Setyanto responding to the lawsuit on the dispute over Second Round Election of Supiori Regency in the Constitutional Court (The Court) session, Tuesday (5/4). The case registered by number 34/PHPU.D-IX/2011 was submitted by Julianus Mnusefer-Theodorus Kawer (Mekar).
Further Budi Setyanto said that according to the existing law, the Minutes of Proceeding was legal by the law, despite the fact that the Petitioners’ witnesses did not sign the Minutes of Proceeding.
The Supiori Election as the Respondents also denied the Petitioners’ claim which said that the Commission had breached the regulation in Article 13 paragraph (1) and (2) of the Election Commission Regulation No. 12 of 2010 by not scheduling the updating of voters data in the Second Round Election. To support their argument, the Respondents had four reasons.
First, the Decision of The Court No. 183/PHPU.D-IX/2010 did not order updating voters data in Supiori Second Round Election. Second, the Permanent Voters List (DPT) used in the first round was never questioned by all candidates in the regional election, including the Petitioners. Third, the Supervisory Committee in Supiori Election did not question the DPT either. Four, factually the DPT in Supiori was indeed only 11,141 people. This is equal to the number of Supiori residences which is about 19,000 people as per December 31, 2010.
Then about the DPT and the number of voters who did not asses their right as claimed by the Petitioners, the Respondents denied the 3,493 unlisted voters. “This is just a story from the Petitioners,” claimed Budi Setyanto. That was the same, continued Budi, that the unlisted voters were spreaded in 38 Poll Centers. On contrary, Budi also asked about the names of the unlisted voters in 38 kampongs and the location of the Poll Centers where it took place.
Based on the entire explanation, the Supiori Commission in their petitum, wished The Court to reject the Petitioners claims entirely; to announce legal the enactment of Decree of Supiori Election Commission No. 05 of 2011 about the announcement of recapitulation result of Supiori Second Round Election and Decree No. 06 of 2011 about the announcement of Elected Candidate as Regional Head and Vice Head of Supiori Regency for 2010-2015 period in Second Round Election dated March 21, 2011.
Meanwhile, the Related Party Fredrik Menufandu-Yan Imbab (Menimba) pair through their counsel,Sofyan considered the Petitioners objection in its entirety were merely assumptions. They also considered the petition obscure because the Petitioner failed to describe clearly the correlation between the posita and petitum. “In the posita, the Petitioners did not describe the vote result which was claimed to be the correct version according to the Petitioners. However, in the petitum part, the Petitioners demanded a re-voting,” Sofyan pointed out.
On contrary, told Sofyan, the violations were more to be committed by the Petitioners. It was because one of the Petitioners (Julianus Mnusefer) was inaugurated as Supiori Regent in the first round. “The Petitioner was once inaugurated as a Regent of Supiori 2010 when the first round was conducted by the Governor of Papua on August 14, 2010,” explained Sofyan.
This Panel session was conducted by Constitutional Justice Achmad Sodiki as Chairman accompanied by Constitutional Justice Harjono and Ahmad Fadlil Sumadi as members. The next session will be held on Friday (8/4) with the agenda of hearing to witnesses (Nur Rosihin Ana/mh/YDJ)
Wednesday, April 06, 2011 | 09:49 WIB 176