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Visitors enthusiastically listened to verdict announcement of election dispute, on Monday (18/1), in Court’s Yard, the Constitutional Court Building. Photo PR/Ganie

 

 

 

The Constitutional Court considered candidate pair Manulang-Purba’s lawsuit had passed the deadline; therefore their lawsuit concerning Humbang Hasundutan election dispute declared inadmissible.

“Judicial verdict declares grant Respondent’s and Related Party’s exceptions regarding the deadline for filing lawsuit. Applicant’s lawsuit inadmissible,” said Chief Justice Arief Hidayat in verdict announcement session on Monday afternoon (18/1).

As known, the Applicant filed lawsuit on Monday, December 21, 2015 at 12.42 West Indonesian Time, while the Respondent (Humbang Hasundutan election commission) declared election result on Thursday, December 17, 2015 at 18.00 West Indonesian Time.

Based on legal consideration above, the Court assessed Applicant’s lawsuit had passed the deadline stipulated by regulation. Thus, the Respondent’s and the Related Party’s exceptions regarding the deadline of Applicant’s lawsuit filing had legal grounds, the Court added.

In their lawsuit, the Applicant concerned on violations which occurred during election, such as the passing of two candidate pairs from same political party based on district court verdict and election monitoring committee verdict. Moreover, the Applicant argued the election commission didn’t properly conduct candidate pair verification.

In the same session, the Court also declared verdict on Pemalang election dispute (Case No. 138/PHP.BUP-XIV/2016. The Court assessed the Applicant had passed lawsuit filing deadline; 3x24 hours since the Respondent declared election result. As known, the Respondent (Pemalang election commission) declared Pemalang election result on Thursday, December 17, 2015 at 13.45 West Indonesian Time, while the Applicant filed lawsuit to Court’s Registrar on Monday, December 21, 2015 at 13.36 West Indonesian Time.

“Applicant’s legal standing, lawsuit points, Related Party’s and Respondent’s exceptions are not taken into consideration. Judicial verdict declares grant Related Party’s and Respondent’s exceptions regarding the deadline of lawsuit filing. Applicant’s lawsuit is inadmissible,” said Arief Hidayat.

Seven Minutes Late        

The Court also declared Gresik candidate pair’s lawsuit (Case No. 60/PHP.BUP-XIV/2016) inadmissible due to seven minutes late. The lawsuit was filed in December 19, 2015 at 16.37 West Indonesian Time, while Gresik election commission declared election result in December 16, 2015 at 16.30 West Indonesian Time. Beside three lawsuits aforementioned, the Court declared 35 dispute lawsuits inadmissible due to the deadline; Dompu, Nabire, Asmat, Tidore Islands, Yahukimo, Sekadau, Boven Digoel, Yalimo, Tanah Datar, Pasaman, Tomohon, Solok, Melawi, Selayar Islands, Central Hulu Sungai, Gowa, Siak, Bone Bolango, Pahuwato, South Tapanuli, Kaimana, Poso, Manokwari, South Buru, West Kutai, North Mamuju, South Bengkulu, Banggai Laut, Aru Islands, East Sumba, Tasikmalaya, dan South Southwest Maluku lawsuits. (Nano Tresna Arfana/Julie/Prasetyo Adi N)

 

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