The Constitutional Court (MK) granted the petition partly in lawsuit no. 94/PHPU.D-XI/2013 filed by candidate no. 4, Tuesday (30/7). In the trial, it was also pronounced verdict no. 91, 92, and 93/PHPU.D-XI/2013 by Chief Justice Akil Mochtar.

"Ordered Maluku Provincial Election Commission to vote again in Maluku Province Election in 2013 in all polling stations in East Seram Regency," said Akil Mochtar. In addition, the Court also ordered the Election Commission, Election Supervisory Board, and the Board of Supervisors Election Maluku province to oversee the implementation of the re-voting in accordance with their authority.

Against the arguments put forward by Herman Adrian Koedoeboen and M. Daud Sangadji, the Court in a legal opinion stating that the actions taken by the of East Seram Regency form of voter data is not on record that use ID cards in the form of model C8-KWK.KPU and changes of votes each candidate which causes a mismatch with the data owned by witnesses candidate, either directly or indirectly, is an offense that could significantly affect vote totals rank one candidate.

Of a series of facts revealed in the trial, the Court believes that many of the violations that were left unresolved in the implementation and collection and recapitulation in East Seram Regency. Even to the recapitulation by the Respondent real problems occur as shown in the records of special events as outlined in the Summary of the Minutes at Provincial Level (Model DC-KWK.KPU) and Proceedings of the Parliament Hearings Maluku, Maluku Election Commission, Maluku Election Supervisory Body and Maluku Provincial Police, dated July 12, 2013.

Rights to Nominate 

As for the case 93/PHPU.D-XI/2013, the Court states that the request is not acceptable.

According to the Court, based on the facts revealed in the trial and the evidence presented by the parties, the Court does not find any set of facts and legal evidence is convincing that there have been serious violations of the rights of individuals to be candidates (right to be a candidate).

Moreover, there is no strong evidence to convince the Court that the support that is owned by the applicant at least as much as 6.5% of the population of Maluku province in more than 50% of the district / city in the province of Maluku.

The Court also did not find any action Maluku Provincial Election Commission obstructing applicant eligibility in general elections Regional Head and Deputy Head of Maluku province in 2013. (Utami Argawati / mh)