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The atmosphere of dismissal verdict session, on Monday (18/1) in Plenary Room, the Constitutional Court Building. Photo PR/Ifa

 

 

 

The Constitutional Court (MK) granted withdrawal on Bulukumba lawsuit (Case No. 27/PHP.BUP-XIV/2016) which filed by candidate pair Askar-Nawawi Burhan, Chief Justice Arief Hidayat delivered Court statute (ketetapan) in dismissal verdict announcement session, on Monday (18/1) afternoon, the Constitutional Court Building.

“(The Court, ed.) Declares grant withdrawal on Applicant’s lawsuit. Lawsuit registered in Case Number 27/PHP.BUP-XIV/2016 regarding 2015 Bulukumba election dispute is withdrawn. The Applicant cannot file Bulukumba election dispute lawsuit,” said Chief Justice Arief Hidayat accompanied by other Constitutional Justices.

The Court had received Applicant’s lawsuit dated December 20, 2015 and January 2, 2016. Under authorization letter dated December 19, 2015, the Applicant authorized attorney Acram Mappaona Azis. The Court had received the lawsuit on December 21, 2015 at 02.28 West Indonesian Time (WIB) by its Registrar and registered the lawsuit in Constitutional Case Registration Book in January 4, 2016 with Number 27/PHP.BUP-XIV/2016.

The Court had received withdrawal request letter on Thursday January 14, 2016 at 08.51 WIB. Justice’s Consultative Meeting (RPH) determined that lawsuit withdrawal had legal ground.

The withdrawal was caused by attorney replacement; the Applicant replaced old attorney Accram Mappaona Aziz with new one Nurul Qamar. Due to his replacement, Aziz decided to withdraw the lawsuit that he made. By withdrawal of old lawsuit, the Court considered Bulukumba election dispute lawsuit inexist.  

Applicant of Case Number 27/PHP.BUP-XIV/2016 argued that his side concerned not only on vote recapitulation result, but also to election process which considered affect the result. As known, the Applicant argued undistributed C6 form considered caused low participation.

Boven Digoel Lawsuit Withdrawal

In the same session, the Court also granted withdrawal on Boven Digoel candidate pair Merasi-Wanggimop’s lawsuit (Case No. 146/PHP.BUP-XIV/2016).

The Applicant reasoned they had no legal standing to file lawsuit, because they only considered as would-be candidate (bakal pasangan calon). Previously, the Applicant argued they had been determined as candidate pair under Boven Digoel Election Commission Decree No. 27/Kpts/KPU/BD/XI/2015 regarding candidate pair determination for 2015 election.

Besides both lawsuits, the Court also granted withdrawal on Kotabaru lawsuit (Case No. 50/PHP.BUP-XIV/2016), West Pesisir lawsuit (Case No. 142/PHP.BUP-XIV/2016), and Toba Samosir lawsuit (Case No. 147/PHP. BUP-XIV/2016). (Nano Tresna Arfana/Prasetyo Adi N)

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