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The Constitutional Court rejected the couple finally decide Baharudin Farawowan-Abet Teflageni, the applicant case number 83/PHPU.D-XI/2013, the disputed elections of regional head of Tual, Maluku province, the pronunciation of the verdict in the trial, Thursday (18/07/2013). With this decision the incumbent Mayor-Deputy Mayor Tual Mahmud Tamher-Adam Rahayaan again led to a period from 2013 to 2018.

In his judgment, the Court considered that the applicant’s argument on the issue of decreasing the number of voters in the voters list (DPT) in Tual City Election of 2013 compared with the number of potential voters Election Population Register (DP4). Decrease in the number of DPT Election Tual in 2013 that argued by the applicant based solely on voice message stating Updates DP4 Tual much as 62 813 voters.

According to the Court the news in the newspaper or magazine is not a perfect evidence if it is not accompanied by demographic data. Anyway, DP4 cannot be used to determine the number of voters, because the DP4 still have to go through the process of updating the data of voters as voters who have died, voters who have moved, and first-time voters and so on. According to the Court, it does not harm or benefit one candidate, because they know they will not be able to vote for which candidate.

In addition, DPT is not the only evidence for voters to be able to exercise their voting rights, because by the Constitutional Court Decision No. 85/PUUX/2012, on March 13, 2013, has been followed by the Commission by issuing Commission No. 186/KPU/III / 2013, dated March 27, 2013 which, among others assert that voters who are not registered DP4, Voters List While (DPS), Voters List Results Repair (DPHP), DPHP End and DPT can use their voting rights to show ID and Family Card (KK) are still valid.

In fact, Tual City Election Commission as defendant in this case has been follow up letter ruling of the Constitutional Court and the Election Commission to provide additional ballots to anticipate as much as 5% of voters who are not enrolled in the DPT and choose to use the ID card and KK. Thus the argument of the applicant is not unreasonable under the law.

Of Petitioner’s argument regarding the TPS that is not neutral because it was in the house and in the office, according to the Court on the objective of TPS is an open place so that voters can find out where the polling station to be able to use their right to vote freely because the TPS made in spot hidden (in the home / office) feared voters do not know the polling place so cannot use their right to vote at the polling station. Although based on the evidence presented by the applicant there are a number of polling stations that are in the home and in the office, but voters can still come in and use their right to vote at the polling station

According to the Court all the voters came to the polling stations and voting freely, then the TPS establishment in the home or in the office can be justified. With these considerations, the Petitioner’s argument that no legal grounds.

Petitioner’s allegations against couple number 3 states, Mahmud Tamher-Adam Rahayaan, incumbent Mayor-Deputy Mayor of Tual, has been circulating on civil servants (PNS) are considered not support the incumbent, the Court saw no evidence was found that decree mutations in the name of Ahmad Yani Sedubun employee of the Department of Marine and Fishery Sub Tayando Tual to Tam, the form and mail it together with a letter of mutation in general.

Moreover, the evidence of the photographs presented by the Petitioners in their arguments regarding the deployment of civil servants, According to Court can not know whether the people in the photos are civil servants who are involved in a campaign rally by the Related Parties or other activities.

While the Petitioner’s argument regarding the incumbent regent did not leave in the campaign, according to the Court that Petitioner’s argument has been refuted by the evidence of the letter / writing of the decision of the Governor of Maluku No. 145 and 146 in 2013 containing Election Campaign Leaves License Mayor and Deputy Mayor of Tual on HM M. Taher and Adam Rahayaan (Related Party) for 14 days, starting May 22, 2013 until June 7, 2013, or ending three days before the General Election ballot Tual in 2013, dated June 11, 2013. Petitioner thus has no legal ground.

While petition of Usman Tamnge-Arsyad Nuhuyanan no. 84/PHPU.D-XI/2013, the Court cannot accept the petition states the applicant because the deadline has passed. (Ilham / mh)

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