Three major political parties urged the General Election Commission (KPU) to comply with the Supreme Court's verdict that was annulled by the Constitutional Court, in favor of their 115 losing legislative candidates.
Speaking to the press in conclusion of their meeting at the Mulia Hotel on Friday, delegates of the Democratic Party (PD), Golkar Party and Indonesian Democratic Party of Struggle (PDI Perjuangan) said they shared the opinion that the KPU should immediately distribute the contended 560 seats at the House of Representatives in accordance with Supreme Court's verdict, which was to give legal certainty to a total of 115 legislative candidates facing uncertainty in line with their vote tallies in the April 9 legislative election.<>
"The Supreme Court's verdict will be a legal basis for the President to issue a presidential decree on legislative candidates winning the 560 seats at the House," said Pramono Anung, PDI Perjuangan secretary general.
Trying a judicial review filed by the Democratic Party, the Supreme Court issued a verdict on June 18, 2009, stipulating that the polling body's decree on the seat allocation in the second phase was incorrect and only candidates winning at least 50 percent of the seat quota deserved seats at the House.
Filing a judicial review to the Constitutional Court mandated by the 2008 general election law to try election violations and disputes, several small parties winning small victory in the election won their case with the court's verdict on Aug. 7, 2009, that the Supreme Court's verdict was wrong because its content was losing its legal basis.
"We annul not the Supreme Court's authority to try the judicial review but the part of the verdict that does not have legal basis," said Constitutional Court Chief Mahfud M.D. on Friday, as quoted by Antara.
The conflicting verdicts of the two courts have raised confusion about the polling body, which has delayed several times the announcement of the seat allocation at the House.
"We have decided the verdict we comply with but the decision has yet to be announced to the public," Syamsul Bahri, a member of KPU, told The Jakarta Post, when asked about the polling body's decision.
Burhanuddin Napitupulu representing Golkar, which won 15 percent of votes in the election, said his party would lose a score of seats at the House and legislative candidates who met at some 50 percent of the seat quota in their vote tallies were facing legal uncertainty.
"I have won more votes than the seat quota and have had to delay holding a thanksgiving for the victory since the polling body has delayed announcing the seat allocation.
"I have legal basis to claim a victory and to hold a thanksgiving party because my victory has yet to be announced by the polling body."
He said his party had a strong objection to the Constitutional Court's verdict, which if executed, would cause the three parties to lose 66 seats in the second-phase seat allocation and 49 in the third-phase one.
He also expressed his disappointment with the KPU, which so far has yet to unveil its competence and authority in determining candidates winning seats in the House.
"The polling body promised to announce the final results on Aug. 21. We know what date it is now.
"So I believe that the KPU is still afraid to announce the final results because its members are afraid to break one of the rulings," Burhanuddin said.
KPU member Andi Nurpati said recently that the final announcement would be made next week.
Amir Syamsuddin, a lawyer accompanying the forum for the 115 legislative candidates, also urged the polling body to abide by the Supreme Court's verdict to give legal certainty to their clients.
He warned President Susilo Bambang Yudhoyono against issuing a presidential decree on new legislators produced under the Constitutional Court's verdict, saying he would file a lawsuit against such a presidential decree.
Hakim Sorimuda Pohan, a legislator representing the Democratic Party in the meeting, said the Supreme Court should issue an edict ordering the polling body to abide by its verdict. (jp/dar)