Unproved, Court Rejects Lawsuit on Cirebon Election Dispute
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Constitutional Court decided to reject the request for Cirebon Election Dispute case filed by candidate number 2 Sunjaya Purwadi and Tasiya Soemadi with number 165/PHPU.D-XI/2013. The Court also rejected the candidate number 3 Mohammad Lutfi and Ratu Raja Arimbi number 166/PHPU.D-XI/2013 by case. The second case is decided on Wednesday (20/11) at the Plenary Court. “In Principal Award, rejecting the petition in its entirety," said Chief Justice who led the plenary session, Hamdan Zoelva.

Petitioner in his petition questioned the Commission acts as the Respondent Cirebon, which is not related to socialize voters list (DPT). According to the Court, based on the facts revealed in the trial, there is no convincing evidence that the DPT imperfections have been exploited for the benefit of the candidate number 6 Raden Sri Heviyana and Rahmat as Related Parties.

Similarly, Petitioner’s argument that says that the Commission did not provide a letter of invitation Cirebon to the voters who support the Petitioners and closing polling stations faster than the time specified, the Court considered, the Petitioners did not provide the evidence and witnesses to convince the Court that the action argued can benefit the vote of the Related Party Raden Sri Heviyana and Rahmat.

While the above allegations of the involvement of civil servants (PNS) and local officials, the Constitutional Court judge, the only involvement was based on mere allegations and not proven legally. “Even if it is true there is involvement of civil servants, it only happens sporadically and without any evidence of active involvement of relevant stakeholders," said Deputy Chief Justice Arief Hidayat.

Also, regarding allegations of Cirebon Regent Dedi Upardi involvement in various community meetings Cirebon, the meeting proved not planned to win or direct Related Parties Related Parties for the sake of winning. Even if there is involvement of regents or other government officials in the form of guidance and / or distribution of money or goods with a message to win the Related Party in his speech, including the installation of billboards in office Kuwu (villagehead) then it is as areas of administrative and criminal violations of election should be resolved through an integrated law enforcement (Gakkumdu) under the provisions of applicable law.

Therefore, based on the considerations above, the evidence and the facts mentioned above according to the Court, Petitioner’s argument is not proven and no legal grounds that there has been a violation of the involvement of local government officials who influence the vote totals Related Parties that are structured, systematic and massive, thus significantly affecting the vote of each candidate.

With the rejection of the request for Cirebon Election dispute results by the Constitutional Court, the victory of Raden Sri Heviyana and Rahmat as Regent Cirebon unwavering. (PanjiErawan/ mh)


Thursday, November 21, 2013 | 09:24 WIB 101