Tue, 08 Jun 2004

Court asks police to help in executing verdicts

Muninggar Sri Saraswati, Jakarta

Wary about possible violence, a court has called on the police to deploy personnel across the country next week to ensure the implementation of its verdicts on legislative election disputes.

"We understand that the verdicts could incite trouble in all level of society," Constitutional Court President Jimly Asshidiqie told reporters at his office on Monday.

This is the first time that electoral disputes will be settled by the Constitutional Court in the country's history.

Jimly apologized for canceling some seat allocations, especially for those who had already celebrated their victories.

"We have no other option. We have to reveal the truth," Jimly said.

The electoral disputes over the results of the legislative elections are set to finish next week. The court is working on the last 27 cases this week.

As a result, there will be seat allocation changes at all three levels of representation -- regency/municipality legislative councils (DPRD kabupaten/kota), provincial legislative councils (DPRD Provinsi) and the House of Representatives (DPR).

"We would call on party leaders to encourage their supporters to accept our verdicts, which are final and conclusive," said Jimly.

He added that some leaders had yet to learn how to control their emotions.

Some 23 of the remaining 27 cases were filed by political parties taking part in the April 5 legislative elections.

Jimly said it was impossible for the court to issue verdicts that would satisfy everyone.

"We might reject, cancel or accept their requests. It means we might change the seat allocation made by the KPU. One party might get additional seats while another party might loose them," he said.

Moreover, Jimly said, the difference between winning and losing a seat could be very slim. A party could win a seat based on as slim a margin as three votes, he said.

"Such cases are especially common with the surplus votes," he said.

The current system allows surplus votes to be divided up among all the political parties. A party that failed to secure a significant number of votes can still get a seat based on the distribution of surplus votes.

This week, the nine justices of the court are scheduled to hold their last meeting before handing down their decision on the 27 cases. As of Monday at 1 p.m. the court had finished seven cases.

The court is slated to present its verdicts from June 14 to June 18, or four days earlier than the deadline. According to law, the court is given only 30 days to settle electoral disputes.

The court has earlier issued verdicts on 17 electoral disputes. All of these cases were filed by candidates running for the Regional Representatives Council (DPD).

Most of the cases were rejected by the court due to a lack of evidence. However, the court has canceled the DPD seat allocated to the brother of presidential candidate Amien Rais and given it to his rival as the justices considered that the latter secured more votes than Amien's brother.