The Constitutional Court (MK) rejected the petition of Faridawaty Darland Atjeh-Sodikul Mubin and Tuty Dau-Maryono. Thus the decision of the Court in case number 76-77/PHPU.D-XI/2013, disputed election of regional head of Palangkaraya spoken by M Akil Mochtar on Thursday (11/07/2013).

In consideration of the issue of misuse of the issuance of electronic identity cards or e-ID cards postulated by applicant also submitted by the witnesses presented by the applicant, the Court assessed based on Related Parties witness testimony, Riban Satia-Mofit Saptono, named Rojikinnor, Head of Department Civil Registration, that the activity in order recording the e-ID card is not publishing and e-ID card is not associated with the implementation of the General Election of Mayor and Deputy Mayor of Palangkaraya, but rather as an effort to improve public services and fulfill the right the constitutional rights of the people to obtain the identity of the population. Based on the assessment of facts and the law, Petitioner’s argument is not unreasonable under the law.

Petitioner’s argument against the Commission committing fraud in favor of the incumbent Mayor-Vice Mayor Palangkaraya, appoint officers by updating the data in performing its duties voters intentionally did not include voters who actually has met qualified as a voter. This is done by way of the voters who have supported ID card to the applicant as a condition of support for individual candidates deliberately removed from the Temporary Voters’ List (DPS), to continue until the establishment of the Permanent Voters List (DPT).

Based on the facts revealed in the trial, Palangkaraya City Election Commission in determining the final voters list, also has organized an open plenary session with invited stakeholders, among others, the Election Supervisory Committee (Panwaslu), District Election Committee (PPK), the Voting Committee (PPS), and candidate witnesses, in order to know and be able to provide feedback to the voter list that has been set by the Respondent. The Court judge Palangkaraya City Commission as the Respondent in this case has also accommodate changes in the data set with voters despite asking for a recommendation from Palangkaraya City Supervisory Committee. Based on the evidence and the legal facts, Petitioner’s argument is not unreasonable under the law.

While the applicant regarding allegations of mass mobilization of voters who do incumbent Mayor-Deputy Mayor Palangkaraya, according to the Court, in accordance with the facts at trial, there is no convincing evidence that the mass mobilization influence the votes of the candidates. Even if the Petitioner was still not able to prove to candidates where the addition or subtraction result of mass mobilization to increase the votes each candidate.

Based on these considerations, the arguments of the applicant are not proven and no legal grounds. With the Court’s decision, the decision of the Commission which sets Riban Satia-Mofit Saptono Subagio as an elected candidate Mayor-Vice Mayor period 2013-2018 is reasonable in front of law. (Ilham / mh)