Judges faulted for PKS loss<\/p>\n
The Jakarta Post, Jakarta<\/p>\n
The West Java High Court judges committed "unprofessional
\nconduct" in settling the Depok mayoral election dispute,
\naccording to a team of Supreme Court justices assigned to review
\nthe widely protested high court ruling.<\/p>\n
Team member Gunanto Suryono said on Tuesday that the team had
\nrecommended Supreme Court Chief Justice Bagir Manan impose
\nadministrative sanctions against the judges.<\/p>\n
"We have submitted our recommendations, but it's the sole
\nauthority of the Chief Justice to make the final decision,"
\nGunanto said.<\/p>\n
The West Java High Court issued last month a much-debated
\ndecision, which annulled the victory of the Prosperous Justice
\nParty (PKS) candidate Nur Mahmudi Ismail in the June Depok
\nmayoral election, and instead named Golkar Party candidate Badrul
\nKamal as the winner.<\/p>\n
The Court ruled that 27,782 votes had been incorrectly given
\nto Nur Mahmudi, and 62,770 votes had been taken away from Badrul
\nas a group of voters were banned from casting their votes.<\/p>\n
The PKS and the Depok General Elections Commission (KPUD) have
\nboth protested the ruling. The latter has filed for a judicial
\nreview of the ruling with the Supreme Court.<\/p>\n
Gunanto said the first mistake made by the West Java High
\nCourt judges was related to "lack of discipline" as they made the
\nruling on Aug. 4, which was 14 days beyond the deadline for
\ndispute settlements set under the regional election law.<\/p>\n
The second mistake was related to "poor professionalism" as
\nthe decision to grant the 62,770 votes to Badrul and reduce those
\nof Nur Mahmudi was based on assumptions.<\/p>\n
"I've asked Nana Juana (the West Java High Court chief judge)
\nhow they had come up with the decision. He said it was made
\nbased on assumptions," Gunanto stated.<\/p>\n
The judges assumed, for instance, that the 62,770 voters who
\nwere unable to vote, would have indeed voted for Badrul.<\/p>\n
Asked whether the team's recommendations would affect who
\nwould eventually assume the post of mayor in Depok, Gunanto said
\nit would all depend on Bagir. "It's up to him whether he would
\nconsider the recommendations or not."<\/p>\n
The Judicial Commission is also currently reviewing the
\nperformance of the West Java High Court judges. It is expected
\nto submit its recommendations to the Supreme Court next week.<\/p>\n
Elsewhere, Gunanto said that although the law stipulates that
\na high court ruling on an election dispute would be final, a
\nrequest for a judicial review of the ruling with the Supreme
\nCourt was still possible.<\/p>\n
"I support the efforts of the Depok KPUD, which filed a
\njudicial review," he said.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/judges-faulted-for-pks-loss-1447893297",
"image": ""
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"sponsor": "Okusi Associates",
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