PRABOWO CAMP LOSES LEGAL BATTLE AT CONSTITUTIONAL COURT

By Andi Abdussalam

Jakarta, Aug 21 (Antara) - The Constitutional Court (MK), on Friday, finally rejected the Prabowo - Hatta camp's plea on the dispute over the July 9, 2014, presidential election results.          "The (Court) rejects the plaintiff's request entirely," said the Constitutional Court (MK) judge Hamdan Zoelva when reading the MK's verdict on Thursday evening.          The Prabowo-Hatta duo had filed a petition on the presidential election results with the MK alleging structured, systematic, and massive election fraud during the implementation of the 2014 presidential election.          The General Election Commission (KPU) had declared, on July 22, Jakarta Governor Joko Widodo (Jokowi) and his running mate Jusuf Kalla as president and vice president elect.          Jokowi, as the governor is popularly known, and Jusuf Kalla won the July 9 presidential election with more than 53 percent of the votes. The presidential poll was only contested by the two pairs, KPU said.          Prabowo and his running mate Hatta Rajasa, however, refused to accept defeat and accused KPU of being unfair and of rigging the election.          At a press conference in his official residence in Central Jakarta, President-elect, Joko Widodo, thanked the MK for having worked professionally, fairly and transparently in issuing its verdict which he described as the highest level of legal decision.          Thus, all legal processes have been completed with the MK decision over the presidential election result dispute. Jokowi promised to immediately take necessary steps to prepare his government.          He would soon meet with President Susilo Bambang Yudhoyono to discuss preparations for the new government, he said.          "We will soon plan to steps for the new government. We will meet President Yudhoyono soon to know what problems will be faced," Jokowi said.          Meanwhile, Tantowi Yahya, who acted as the spokesman of the Prabowo-Hatta camp, said his side respected the MK decision, though the  decision did not reflect substantive justice.          Tantowi said the MK ignored witnesses' testimonies and evidence his side had presented.          He said that the Red-and-White Coalition would remain solid and serve as a power balance which would monitor the Jokowi-Jusuf Kalla government.         "We, as a balance of power, will monitor the government. So the check and balance system will run well," said Tantowi Yahya at a press conference at Hyatt Hotel.          The MK made the decision after its last hearing since morning and until evening on Thursday.          Earlier in the day, Prabowo - Hatta duo's lawyers viewed the Constitutional Court ruling as inconsistent.          The inconsistency was seen when it ruled Probowo¿s suit over the opening of the problematic ballot boxes by the General Election Commission (KPK) in Jakarta. The MK ruled that while the KPU had violated the code of ethics, it was legal to take documents as evidence from inside the box.          "What was done by the KPU in opening boxes and taking the documents were a mistake and a violation. It was reprimanded. But the MK in its legal consideration was that it could be accepted," one of the Probowo's team of lawyers, Didi Supriyanto, said.          He made the remarks during a break in MK's session which was hearing the dispute of presidential election result on July 9, 2014     Meanwhile, the Election Organizers Ethics Council (DKPP) in its session on Thursday, said the KPU had violated the ethics in opening the ballot boxes as it was sued by the petitioner.         The petitioner is of the view that the KPU has tampered with the evidence by opening the boxes and by releasing a KPU circular No. 1446 on July 25, 2015.         "MK considers that taking the documents in the box is acceptable and that the act of opening them violated the code of ethics," he said.           For violating the code of ethics, Chairman of the General Election Commission (KPU), Husni Kamil Manik, received two warnings from the General Election Organizers' Ethics Council (DKPP).     The first warning was given to Manik because he failed to attend a plenary meeting held to announce the official results of the election. Instead, he assigned KPU Commissioner, Hadar Nafis Gumay, to represent him at the meeting.          The KPU chairman had failed to prioritize his tasks, the Council determined.           "Therefore, DKPP has decided to sanction Husni Kamil Manik as the KPU chairman by giving him a warning for not attending the plenary meeting on the results of the presidential election," Valina Singka Subekti, member of the DKPP's Judge Assembly, said.          The second warning was given to Manik and other KPU Commissioners for giving instructions to open the ballot boxes in regions before instructions from the Constitutional Court.           The KPU Commissioners are Hadar Nafis Gumay, Ida Budhiati, Arief Budiman, Juri Ardiantoro, Ferry Kurnia Rizkiyansyah and Sigit Pamungkas.       DKPP asked the Election Supervisory Body to supervise the implementation of the sanction.            DKPP announced 13 decisions out of 16 cases concerning complaints on non-implementation of rules in the election, Chairman of DKPP, Jimly Asshiddiqie, said.          Regarding the alleged misuse of the voters¿ list,  the Constitutional Court said that there was no evidence that the Special Voters List, Additional Final List (DPTb) and Additional Special Voters List (DPKTb) had been tampered with during the July 9, presidential election.          "There is no evidence that the petitionee (the General Election Commission/KPU) or the related party (the Joko Widodo - Jusuf Kalla) or both of them, have mobilized (voters)," MK Judge Ahmad Fadlil Sumadi said when reading the MK legal consideration.           The allegation of the petitioner (the Presidential and Vice Presidential Candidate Prabowo - Hatta pair) that the DPKTb in North Sumatra, Riau, Jakarta and East Java carried large lists of voters which could benefit or harm one of the two presidential contestants was unfounded, he said.          "The MK concentrated on the DPKTb across the country but found nothing that could harm or benefit the interests of the two presidential pairs," he said.           The MK was also of the view that the use of the DPKTb did not violate the law and its implementation was part of the voters' right, particularly those who were not included in the eligible voters' list (DPT).           "The use of the DPKTb, DPK and DPTB was legal and had given space to voters even if they were not included in the DPT," he said.***1*** (T.A014/a014) (INE) EDITED BY INE (T.A014/A/BESSR/A. Abdussalam) 21-08-2014 23:5