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The trial continued to dispute the results of the General Election in South Sulawesi (Sulawesi) held again in Plenary Room, 2nd floor, the Constitutional Court (MK) on Monday (18/2). Session requests registered with the Registrar of the Court 10/PHPU.DX/2013 number is chaired by Chief Justice of the Constitutional Court Mahfud MD.

 

In this trial, the judges of the Constitutional hear witnesses Temohon (KPU Prov. Sulawesi). For example, the one described by the Chairman of the District Election Commission of Wajo, Andi Nurwana. He said the beatings were done by Regent Wajo been reported to the Election Supervisory Committee and the case has been handled by the police.

 

"The winner of the election in the district Wajo are a couple number 1, no effect of the results of the actions taken by the Regent," he explained.

 

Additionally Constitutional judges hear expert testimony / witnesses Related Parties (Syahrul Limpo-Agus Arifin Nu\'mang). Related Parties’ Experts testifying (rebuttal) regarding fraud / breach of the Applicant submitted several witnesses (Ilham Arief Sirajuddin - Abdul Azis Qahhar Mudzakkar). In the trial this time, the Related Party presented three experts. Laica Marzuki explained that the results of the General Election dispute in the trial of Governor and Deputy Governor of Sulawesi Province is a constitutional cases (constitutional case).

 

"The selection of directly elected regional heads of democratically elected then phrases, then according to Article 18 paragraph 4 of the Constitution of 1945 (1945) shifted the meaning of the constitutional," said Laica. Handling Election results to be transferred from the Supreme Court, he said, disputes the results of the General Election is constitutionally transformed into constitutional cases.

 

Furthermore, he also said, the handling of the results of the General Election is MK Authority, as referred to Article 24, paragraph 1 of the 1945 Constitution. "Election electoral regime under the Act including Section 22 E of the 1945 Constitution by the Election disputes are therefore constitutional cases the acid test is the constitution," he said before the panel of judges chaired by Chief Justice of the Constitutional Court, Mahfud MD and accompanied by Akil Mochtar and Anwar Usman.

 

Law Article 22 E of paragraph 1 of the 1945 Constitution, he said, the election is held directly, generally free, confidential and fair every five years. "Election must be held directly, generally free, confidential and fair because it is a constitutional necessity," he said. Article 22 E, paragraph 5 of the 1945 Constitution states Election commission organized by a national general election, Permanent and Independent.

 

According Laica, the results of the General Election dispute two vote tallies should dipersandingkan the Provincial Election Commission by setting the tally by the Applicant. In the General Election results by Provincial Election Commission, the applicant spouse Ilham Arief Sirajuddin - Abdul Azis Qahhar Mudzakkar obtained 1,785,580 votes (41.57%), while for couples Related Party Syahrul Limpo-Agus Arifin Nu\'mang obtained 2,251,407 votes (52, 42%). "The applicant is required to submit the results of the vote count were considered right," said Laica. Because according to him, in the minutes of the vote count and declared not to be refuted incorrect speculative. "Related Party means the elected candidate is declared eligible for the honor," he testified at the end.

 

"In the presentation of the petition, the facts presented misleading," said Ritonga. At the same opportunities, but to listen to testimony from experts, the Related Parties also produce witnesses. The witnesses presented at trial amounted to 21 people.

 

While witnesses Related Party denied all spoken by the witness Petitioners regarding money politics and other violations. Witnesses testified that there is recognition that money politics of Petitioner Rizal. Rizal explained that he interviewed and videotaped confession by the perpetrator. In addition he also said that the Regent Wajo never hit.

 

Besides Rizal, a witness who claimed money politics conducted by the Applicant is Sukardi. He explained if the perpetrator admitted distributing sarongs and stickers behest North Kolaka Regent, Vice Regent of the North Kolaka and the Secretary of North Kolaka. He also said that the incident occurred because Wajo proceeded by the act of money politics to win a pair of candidates applicant.

 

The trial continues tomorrow, Tuesday (19/2) at 09.30 pm with the agenda to hear further testimony from Related Parties’ experts and Petitioner witnesses and is the last trial. (Utami Argawati / mh)

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