Petitioner in case number 119/PHPU.D-XI/2013 has no legal standing to file the case to the Constitutional Court. It ‘s been decided by the Court at a hearing earlier proposed by the applicant himself number 90/PHPU.D-XI/2013, where the decision of the Court states cannot accept the applicant’s request, because it has no legal status.

This was conveyed by Respondent’s attorney, Asli Basril in Election Dispute trial of Pangkalpinang City 2013, at the Plenary Room on Monday (30/09), led by Chief Justice M. Akil Mochtar accompanied by Judge Maria Farida Indrati and Anwar Usman. Meanwhile Petitioner in case number 120/PHPU.D-XI/2013, Respondent Commission declared the petition blurred.

In addition, the violations committed by the candidates is the job of the Election Supervisory Committee that oversees the delivery, where for the last General Election there has never been a report of Supervisory Committee of the breach in Pangkalpinang General Election.

Similar delivered by the power of the Related Party, Tanda Perdamaian Nasution who said the applicant case number 110/PHPU.D-XI/2013 on behalf of Ismiryadi - Abu Bakar did not have legal standing.

Related parties also denied Petitioner’s argument is that all Related Party has been accused of money politics by handing out 5,000 pieces of chicken tails, sharing a drink package, and distribution of volunteer cards and insurance cards to voters. These allegations are not true and ridiculous. In contrast, the power of the Related Party stated the applicant has made money politics to voters one day before the election began.

Should Implement Administrative Court Decision

In the expert testimony presented by the Petitioner SF Marbun said the Election Commission should implement Pangkalpinang decisions of administrative court of Palembang because the decision has binding legal force. The decision has also been supported by a high court ruling state administration (PTTUN) Medan.

The expert also added that if the Commission 60 days after the decision was not done, then the decision of the Commission regarding the determination of the number 30/KPTS-Kota-009.436512/2013 candidates who meet the requirements as a participant in the General Election of Mayor and Deputy Mayor Pangkalpinang in 2013 that did not include the Petitioner as the candidate has met the requirements of 25% of party supporters, was declared not have binding legal force.

The trial will resume on Tuesday morning (01/10) with the agenda to hear witness testimony of Petitioner’s case 120/PHPU/D-XI/2013 as many as 16 witnesses and 5 witnesses of the Respondent. (Panji Erawan / mh)