Thu, 22 Sep 2005

Nur Mahmudi may lead Depok after all

Bambang Nurbianto, The Jakarta Post, Jakarta

The naming of Muhammad Hassan as a suspect and the recommendation of the Judicial Commission to punish the judges who ruled on the Depok election dispute, suggest that Nur Mahmudi Ismail may win the legal battle against rival Badrul Kamal.

The National Police named Muhammad Hassan, Badrul's spokesman, a suspect for giving false court testimony during the election dispute trial at the West Java High Court.

The announcement came just days after the Judicial Commission called on the Supreme Court to punish the five West Java High Court judges who declared Badrul winner of the June 26 mayoral election.

"Nur Mahmudi has a great opportunity to lead Depok. The latest progress shows that there were serious errors in the trial," said Institute of Administration Science (IIP) Rector Djohermansyah Djohan on Wednesday.

The judges annulled in July Nur Mahmudi's initial victory in the election based on witness testimony, largely from Muhammad Hassan and Badrul's supporters, who all stated that they were prevented from casting their votes and that Nur Mahmudi's votes were inflated.

However, the claims, which judges used to declare Badrul the winner, were never verified. The judges also apparently ignored testimony by the Depok General Elections Commission representatives, who stated that Nur Mahmudi won the election.

Djohan said that the Supreme Court should immediately make a decision over the dispute to prevent further uncertainty in the municipality.

"Everything is clear, therefore there is no reason for the Supreme Court not to make a decision immediately," he told The Jakarta Post on Wednesday.

Similar opinions were provided by political expert Sri Ratnawati of the Indonesian Institute of Sciences (LIPI), who said that all legal issues would be taken into consideration.

She said that the Supreme Court would not take Law No. 32/2005 on regional administration as the only consideration in making a decision.

"They will consider everything, including the real situation about what happened during the election," Sri told the Post on Wednesday.

The Depok General Elections Commission (KPUD Depok) on July 5 announced Nur Mahmudi and running mate Yuyun Wirasaputra as winners of the June 26 election.

Responding to complaints by Badrul about alleged violations committed by KPUD Depok in the way it carried out the election, the West Java High Court on Aug. 4 annulled Nur Mahmudi's victory and declared Badrul and running mate Syihabuddin Ahmad as the winners.

KPU Depok protested the court's decision and demanded the Supreme Court review the verdict.

Meanwhile, the Prosperous Justice Party (PKS), which nominated Nur Mahmudi, reported two of Badrul's witnesses to the police and alleged that they had given false information during the trial. The party also reported five judges to the Judicial Commission over their decision.

The Judicial Commission last week demanded that the Supreme Court suspend the head of the West Java High Court Nana Juwana for one year. It also called on the Supreme Court to give a stern warning to the four other judges involved in the case. On Tuesday, police named Muhammad Hasan a suspect.