Petition Denied, Ahmad Dirwan Windu Subagio Lead Sukamara Regency
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The Constitutional Court (MK) rejected the petition of Election Dispute of Sukamara Regency, Central Kalimantan filed by Candidate Number 5 Muhammad Yamin-Mohammad Nurmadani. "The verdict rejected the applicant in its entirety." This was read by Chief Justice Akil Mochtar in Plenary Room on Tuesday (07/05).

Petitioner argues that the practice of sharing money (money politics) were conducted before the implementation of the vote in District Sukamara (5 points), District Lunci Beach (3 points), District Permata Kecubung (2 points), District Jelai (1 point), and District Balai Riam (1 point).

Based on such matters, the Court considered that, even if true there has been a practice of money politics, events argued by the applicant is not significant enough to change the vote of each candidate, given the difference in sound is the Applicant and Related Party 6,692 votes. In addition, events argued by the Petitioner only sporadic and partial, that is not structured, systematic, massive and proven to significantly affect the ranking of votes each candidate. Thus, petitioners’ argument is no legal ground.

Petitioner then who said the intimidation by the Public Works Department of Sukamara to voters in the Village of the Sand River. Court judge, Petitioner does not affect the vote each candidate because no proven direct result of these efforts. Thus, Petitioners’ argument must be disregarded.

In addition, the Petitioner’s argument that states that in the village of Island Nibung an exodus of hundreds of voters from residents who are not domiciled in Sukamara by speed boat and klotok (motorized boat) which deliberately facilitated and mobilized by the Related Parties in cooperation with the Village Head Island Nibung, as well as the citizens of the new migrants lived four months to choose and voting twice. Court judge, there was the arrival of citizens by speedboat to the island village Nibung, but based on the facts revealed in the trial and written evidence, they are people who exist in the DPT, and there is no objection from the witness candidates when they cast at TPS I and TPS II Nibung Island Village. Moreover, not proven convincingly that the Related Party is structured has mobilized voters on his behalf. Moreover, even if the incident is true, it would not change the ranking of the vote. Moreover, this Petitioner does not demonstrate the significance of the vote each candidate.

That on the evidence and other witness statements that describe possible violations of administrative and criminal court judge, so it is only alleged violations sporadic alone, did not show a violation that is structured, systematic and massive, affecting ranking of votes each candidate, so should be declared legal ground. Nevertheless, for the crimes occurred, it can be processed under applicable law.

Thus, Ahmad Dirwan-Windu Subagio can swing as Regent and Vice Regent of the General Election Sukamara Regency, Central Kalimantan Province. (Panji Erawan / mh)


Wednesday, May 08, 2013 | 09:31 WIB 145