Related Party Experts: Canceling Administrative Court Decision Beyond Court Authority
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The trial evidence Election Dispute Case (PHPU) Regional Head of Bangkalan, Madura held again on Thursday (10/1). A session time brings experts from the Bangkalan Commission and experts from Related Parties (No. 3 Ma’mun Ibn Fuad-Mondir A Rofii). In addition to presenting expert testimony is heard, the hearing panel, chaired by the Chief Justice, M. Akil Mochtar also bring the witnesses of the Bangkalan Commission and Related Parties.

Yusril Ihza Mahendra gives an expert testimony from Related Parties. Yusril says a few words regarding the conduct of Bangkalan District Election. First he states that the Commission’s decision on the establishment of a district candidate and serial number can be classified as an Administrative Officer’s decision (TUN). That is because the decision is a written decision of a state agency that is concrete, individual, final, and legal consequences.

Then Yusril also explained that if any candidate based on the decision of the administrative court has legally binding disqualified, then the Commission itself obliged to revise district candidates as participants in the General Election meant. Related to the Administrative Court decision that ruled out the Petitioner as Bangkalan candidates in the General Election, normatively Yusril said candidates did not have legal standing to litigate PHPU.

"Parties have a legal standing to litigate PHPU participant elections are concerned. In practice, there may petition filed PHPU one candidate was disqualified by the Election Commission filed a lawsuit and was granted the area, related to her disqualification. However, the request is supported by the decision of the administrative court ordered that the parties should be disqualified as a candidate set included, "said Yusril.

What happened to the Applicant (No. 1 H. Imam Buchori and RH Zainal Alim) whose name was dropped as a participant of the decision by the Administrative Court by Yusril becomes impossible to litigate despite the arguments put forward violations that are structured, systematic, and massive though.

"If the petition is that the Court ordered the PSU in all districts of the intention to include the Applicant whose name was dropped as a result of implementing the Administrative Court decision, in my opinion would encourage the Court to overturn the administrative court. And from the standpoint of judicial authority bodies in our country, it is not the authority (MK, ed)," explained Yusril.

 

Nothing Fraud

After listening to expert testimony, the trial resumed with the Commission Bangkalan hear witness testimony and witnesses related parties denied the allegations of the Petitioners’ witnesses before. The first witness who delivered his statement is Abdul Karim as District Election Committee Chairman of Borneh District. Kartim said on Election Day no fuss and any violations that occurred in his office.

The same thing also delivered Abdul Rohim, Member KPPS 06, Pangolangan Village, Borneh District. He said Election Day went smoothly and there was no fuss whatsoever. He also said the witnesses present all candidates. Rohim also denied the existence of fraud in the form of 20 voting ballots by himself. "Not really I was asked to cast their ballots by twenty KPPS Chairman. Chairman KPPS did not do that. I never leave the polling station," said Rohim who also denied that the TPS 06 where he served has been closed since 10:00 am local time.

While witnesses Related Party, Ahmad who claimed the team successful candidate number 1 (Imam Buchori-Zainal Alim / Applicant) said he was ordered to seize the letter of invitation to choose from. He admitted that he had handed over 1500 to choose which lay his letter of invitation to the Applicant. He said lured by the applicant, represented by a man named Rahiman will be given the money. "I do because there is the lure of money transport. But until then the money is not given. I feel cheated," said Ahmad.

Ahmad statement is justified by the alleged victims Marikan. He said the letter of invitation chosen seized by a man named Muhammad Ridho. Letter of invitation to choose belongs Marikan seized on Election Day. (Yusti Nurul Agustin / mh)


Thursday, January 10, 2013 | 18:21 WIB 153