Court Clears Way for KPU to Announce Indonesian House Election Results
Camelia Pasandaran | September 02, 2009
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The Constitutional Court on Tuesday ruled on all outstanding disputes
in the legislative elections, paving the way for a announcement of the
repeatedly postponed final results of the April 9 polls.
Constitutional
Court chief Mahfud MD said the General Elections Commission (KPU) now
had run out of reasons to delay. “With our ruling, the KPU may issue
its final decision soon,” he said.
Ismail Fahmi of the Center
for Electoral Reform (Cetro) said Tuesday’s rulings related to the need
for fresh elections or a recount of votes that had been ordered by the
court in a handful of districts spread across seven provinces. He added
that the rulings would have little bearing on the outcome of elections.
Ismail said one of the rulings would effect the South Nias
district, with one seat in a regional legislative council (DPRD) being
transferred between political parties, and one other seat transferred
between candidates of the same party.
Mahfud said the decisions were final and binding and that the KPU should implement the rulings.
“No
more election dispute cases will be accepted,” he said, adding that
those with further complaints could file them with police and try
pushing them through courts as general crimes.
KPU member Andi Nurpati said the body would meet today to decide on the legislative seat allocation.
“The
seat allocation will be based on the ruling of the Constitutional Court
in some districts,” Andi said. “We expect all political parties and
related institutions such as the Elections Supervisory Board [Bawaslu]
to respect the final decisions.”
Andi said the announcement
could hopefully be made immediately after the meeting. “But we have to
remember that there’s an administrative process that may take time. If
we can finish it on the same day, we’ll probably declare it on
[Thursday] afternoon.”
The KPU has long been laboring over how
to apply a complex formula used to determine seats in the regional
councils and at the House of Representatives after two apparently
contradictory rulings from the Constitutional Court and the Supreme
Court.
Under the Constitutional Court ruling, favored by the
KPU, seat allocations would follow a formula seen as more fitting for a
proportional representation system, with minor parties standing to gain
increased representation.
The Supreme Court ruling, however,
would reallocate 1,300 seats in the DPRDs and 66 seats in the House to
the larger political parties, particularly the Democratic Party, the
Indonesian Democratic Party of Struggle (PDI-P) and the Golkar Party.
As
many as 115 legislative candidates from the three parties who stand to
win seats in the House under the Supreme Court ruling have threatened
to file legal action if the KPU decided to ignore the court’s decision,
but Irman Putra Sidin, a state administrative law expert, suggested
that the politicians were fighting a losing battle.
Under the
country’s election laws, all poll disputes are to be tried in the
Constitutional Court, whose rulings are considered to be final and
binding.
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