VIVAnews - Judge of Constitutional Court Muhammad Alim reprimanded Head of Kupang Regency Elections Commission, East Nusa Tenggara, Jhonny K. Tiran because Jhonny suggested that constitutional judges denied witnesses' testimonies.
The warning was initiated from testimonies at a court session regarding ballot counting of regional elections in Kupang Regency, East Nusa Tenggara, given by couple Herson Tanuab and Vivo Henu Ballo.
After witnesses testified, Jhonny said, "Judges should dismiss testimonies that appellants proposed because the commission did not have any evidence," he said. When the plenary session was held in Kupang Elections Commission on November 4, 2008, witnesses did not object and reject the ballot counting.
In addition, Jhonny also requested that judges denied evidence of rice coupon distribution by couple Ruben Funay and Dominggus Albert during campaigns because the coupon distribution was considered violations during a campaigning period.
Upon hearing the issue, Judge Alim replied, "You must note this. Your formal truth is well received. Yet, the constitutional court is seeking material truth." He also recited Article 45 section (1) of Law No.24/2003 on Constitutional Law saying that "judges decide on a case by using the 1945 Constitution as their grounds and material evidence as their consideration," he said.
Ballot counting that Kupang Elections Commission carried out on November 4 did not result in any winner reaching 30 percent of votes. Therefore, the Commission decided that couple Ayub Titu Eti and Victor Tiran as first winner with 42,976 votes (25.17 percent) and couple Ruben-Dominggus as second winner with 27,976 votes (16.39 percent). In addition, couple Herson-Vivo was placed third with 27,556 votes (16.14 percent).
Couple Herson-Vivo claimed that there was a mistake in ballot counting that Elections Commission carried out. The legal advisor said that couple Herson-Vivo should have obtained 29,248 votes. As such, they would have the right to proceed to the second round regional elections.
Translated by: Bonardo Maulana Wahono
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