M. Yamin Panca Setia

East Java Election Leaved Dispute

THE Candidate of governor and vice governor East Java Direct Election, Khofifah Indar Parawansa and Mudjiono (Kaji) refused vote count East Java Election (KPUD) version.

They unacceptable when KPUD decided Soekarwo and Saifullah Yusuf (Karsa) becomes the winner in the election.

They rejected KPUD’s decision No.30/2008, 11 November 2008 about the vote count recapitulation on the second round East Java Election.

They founded, several mistakes by KPUD in vote count. Kaji accused KPUD to the Constitutional Court’s trial cause dishonest organized the election.

According to KPUD’s count, Karsa got 7,729,944 votes and Kaji got 7,669,721 votes. In Kaji’s petition, the plaintiffs requested the court annul the KPUD election decision and declare Kaji the winners of the second-round election. Mohammad Ma'ruf, Kaji’s Lawyers said, KPUD has wrong when counting vote recapitulation.

He claimed, several facts showed and founded if KPUD made mistake when counting vote at 25 distric from total 38 distric or city in East Java.

He said, KPUD ought to made Kaji as Winner cause got scors until 7,595,199 vote, and Karsa got 7,573,680 votes.

Ma'ruf also said Kaji had founded several violation in the Governor Election. They founded several vote boxs has opened at pavement after vote count in Sumenep Regency, at TPS 6 Pajagalan's sub-districts, City district.

"We got 73 vote and Karsa couple reach for 160 votes, two votes illegitimate. From 599 electors, 233 elector utilize voice, and 374 absent, At TPS 6," he said.

Others fact, he added, at Pakong's district, Pamekasan's Regency, the committee turn over copy vote recapitulation that made by official to the Kaji, not it used form official from KPUD, one that meaty vote count at level sub-district, not from usufruct count at each TPS.

"In the final count at province, KPUD claim that as creation, Eventually, that can made adverse for Kaji when will check vote acquisitions," he said. East Java Governor Election dispute on processing in the Constitutional Court’s trial now.

On Tuesday (24/11), Kaji exposed several fact to made jugdes be believe KPUD has made mistake. Kaji invited several witness and about 20 lawyers to introduce several facts. They said, Karsa win cause used unvalid vote count.

On last Friday (21/11), Kaji published several fact about violation election. Supriadi, Kaji’s witness and becomes The Chairman Polling Station Working Committees (KPPS) claimed, he has perforated more than 200 voices letter to made Karsa be winner.

He got order from the chief village of Karang Gayam. He said, he perforated votes for Karsa cause he got Rp300 thousand from Village head Karang Gayam, Blega's district, Bangkalan's regency, Madura.

"I was perforated about 200 voices papers. There are five polling stations (TPS) at my village. Karsa only win at TPS I, but other TPS, Kaji be win absolutly," he allegedly.

Supriadi said, he can easily to perforate 200 voices cause he becomes a KPPS chairman. "Yes. It easily to do. That easy Sir. I pricks it and insert to box. I put papers vote at my pocket. 50, 50, 50 (vote papers, Red), and then, I entried to my pocket, and vote box," he said used Madura's language.

Supriadi hopes Khofifah will forgiveness if he was unfair. He have ready get punishment. "I really sorry to Mrs Khofifah, I come here not by order from someone. I have ready get punishment, prisoned, or like Amrozi,” he said.

Edy Sucipto, Kaji’s witness and becomes a success team said, he got deceitfulness in vote count. He clumsy with Karsa’s victory. Sucipto who as Kaji’s sympathizer than investigation looking for information to expose deceitfulness from Nizar Zahro, the chief village.

He showed violation fact from conversation with Mohammad Nizar Zahro, the head of Pesanggrahan village. He recorded conversation with Zahro by handphone.

Sucipto with Zahro told about vote mobilitation for Karsa’s win. "He (Zahro) explained if Karsa’s succes team deceitfulness to mobilitation votes. All information, I recorded by handphone. I sent that fact to Kaji’s success team as fact so can expose deceitfulness democration in East Java," he said in front of the judges.

But, Todung Mulya Lubis, the Karsa’s Lawyer said, several facts showed by Kaji’s witness and team success unrelevant. He also unbeliave cause the Kaji Witness didn’t looks direct on field. "The witnesss is someone who listen, and look, not others who get report from others on the fields,” he said.

Information from Kaji’s witness, he added, can not include as law fact definition. "I think, the subtantial problems not from many witness, but significant and law subtancial. If law subtansial can not decicion as testimonial whatever be heard, so many people presented on the trial is not important, and empty value as witness."

On Thursday (27/11), Fahmi H. Bachmid, KPUD’s Lawyer said, facts information from Edy and Zahro is false. He founded manipulative facts after investigation. Bachmid founded if telephone conversation Edy and Zahro that becomes as facts on trial, is false facts.

He founded, The Bangkalan Regent Fuad Amin, has published Regent Decree Number 188.45/553/P3-KD/433.204/2008, 8 August that information about Zahro’s Cessation as the head of Pesanggrahan village, Kwanyar’s district, Bengkalan’s Regency.

But, on the trial (Tuesday, 24/11) Edy claimed Nizar is a the Pesanggrahan Village, and not as success team Kaji.

But, Fahmi said, Nizar registered as legislative candidate at East Java on the General Election 1999 from Reform Star Party Partai who as Kaji’s supporter.

Nizar registered as number one legislative candidate election district XI Madura. "If him (Edy) told with the head of village, it can different (talk’s subtantion) when he talk with success team. But, on the trial, Edy said, him self told with the head Pasanggrahan Village,” said Fahmi, at The Constitutional Court Building, on Thursday 27/11).

He also founded about vote count at eights polling stations TPS) at Pesanggrahan. Is wrong, if Kaji Witness claimed, Kaji has loss.

Fahmi said, vote count at eights TPS Pesanggrahan, Kaji got 1.102 votes, Karsa got 806 votes.
"in transcript record Edy and Zahro said, they founded violation at eights TPS."

Edy and Nizar conversation record, he said, also disturb Constitutional Court that as independent trial cause mentioned Constitutional Court chief Mahfud MD who becomes as Karsa’s supporter.

Before hand, the head East Java election supervisory committee (Panwaslu) Sri Sugeng Pudjiatmiko said, Panwaslu have been investigation and clarification to found true information.

According to her, problems at Ponorogo has finished. Panwaslu investigation also clarification to Kaji’s witness, and desicion to cancel all reports about vote count difference at Pulung, Slahung and Ponogoro sub-district.

"All problems have been finish, we was agree, not to continue,” he said. Problems at Madian, TPS 10, Rejo Mulyo, Kartoharjo, Pudjiatmiko added, recapitulation vote at KPPS, PPK knowed if we weren’t founded inflation vote, the totally count vote, 104 votes for Kaji, and 196 votes for Karsa.

Pudjiatmiko also said, is not true information about increment, vote for Karsa from 196 votes become 296 votes. It not true, cause from Panwaslu clarification, Madiun City, said, if Kaji’s witness that names Ahmad Ibrahim said, he was wrong when writing by team success, and have not mistake according recapitulation at TPS."

The Constitutional court planned final decision about East Java will decidable on 2 Desember 2008. Three constitutional judges: Maruarar Siahaan, Arsyad Sanusi, and Muhammad Alim still checking validity facts petition.

M. Yamin Panca Setia

Photo: Jawa Pos