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Jakarta Post

Court rejects Khofifah's second lawsuit over election loss

The Constitutional Court turned down a second attempt to challenge the results of the East Java gubernatorial election by the losing candidate Khofifah Indar Parawansa and her running mate Mudjiono on Tuesday

Erwida Maulia (The Jakarta Post)
JAKARTA
Wed, February 4, 2009 Published on Feb. 4, 2009 Published on 2009-02-04T15:53:36+07:00

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T

he Constitutional Court turned down a second attempt to challenge the results of the East Java gubernatorial election by the losing candidate Khofifah Indar Parawansa and her running mate Mudjiono on Tuesday.

Reading out the Constitutional Court's decision, chief Moh. Mahfud MD said the election dispute had been settled beyond doubt and the case had been closed following an election rerun and vote recount in the province.

"After close examination, the Constitutional Court has decided the lawsuit cannot be processed as a case. If this is a legal matter, then it is the authority of law enforcers. *The panel of judges* hereby order the court secretary to issue a document stating this lawsuit is unregistered," Mahfud told the hearing.

The court ordered an election rerun in Bangkalan and Sampang regencies and a recount of votes in Pamekasan regency after Khofifah filed a complaint about widespread election violations, from vote rigging to vote buying, occurring throughout the province.

The election rerun and recount, however, did not change the original outcome. Gubernatorial candidate Soekarwo and his running mate Saifullah Yusuf won the election with 50.11 percent, or 7,660,861 of the total votes.

Khofifah insisted the election outcome was false, citing "structural, systematic and massive" violations of election procedures in the election rerun.

She alleged voters used the same ID card numbers, some were underage and others cast "ghost" votes, or ballots cast on behalf of deceased persons.

Separately, Home Affairs Minister Mardiyanto appealed to the two conflicting parties in the East Java gubernatorial election to maintain composure over the results of the election.

He said both parties should accept the outcome and allow the elected East Java governor and deputy governor to be immediately inaugurated, particularly because the legislative elections are drawing nearer.

"There are a few more days before the elections. Let's think clearly. I cannot inaugurate *new governor and his deputy* without a request from the acting governor. The acting governor cannot file the request without a proposal from the provincial legislature. And the provincial council cannot make a proposal without the elections commission's decision," Mardiyanto said.

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