The Registrar of The Constitutional Court, Kasianur Sidauruk, handed over the copy of the verdict to the parties after the verdict hearing session of dispute over regional election in Karimun district, Riau island, Friday (11/2/11).
Jakarta, MKOnline – The Constitutional Court of The Republic of Indonesia (The Court) has given its decision on the case of regional election in Karimun Dsitrict, Riau island, with the result, the petition could not be accepted. The Respondent’s exception had a legal ground“, as pronounced by the Chief Justice of The Constitutional Court, Mahfud MD, on Friday (11/2) in the pleno room where the verdict hearing was held. The Petitioners of the case were Doli Bonara – Muhammad Dali, the prospective candidates of the regional head of Karimun district.
On the previous hearing, the Petitioners questioned about the stipulation of other candidates by the election commision of the Karimun District (KPU). According to the Petitioners, the election commision of the Karimun district had impended their rights to become candidate pair in Karimun regional election. According to The petitioners, they had fulfilled the requirement of the minimum 15.2 percent support, but since there was a fraudulence action, then there were two political parties withdrew their support to the petitioners. Thus, the petitioners only got 11.7 percent of support. “That the KPU in verifying the regional head and its vice regional head has indicated to be involved in money politic violation, so the two parties withdrawn their support to the petitioners”, the petitioners in their appeal.
However, according to the constitutional court, the reasons were given by the petittioners were not true and not proven. Because, the respondent action not to pass the petitioners as the candidate was based on the right judgment. After verifying supports for the Petitioner as the requirement of political parties, it was found that Merdeka party and Republikan party did not give their support to the petitioners, therefore the minimum requirement of 15 percent support to each candidate had not been fulfilled, even though the petitioners still have a chance to fulfill the requirement during the registration process”, said Hamdan Zoelva one of the constitution judges.
The petitioners did not use the given time to fulfiil the requirement needed for the process. Therefore, on November 15th, 2010 the regional commision held the plenary meeting to announce all the candidates to meet the requirement for Election 2011 based on official report number XII/BA/XI/2010 dated November 20th, 2010, without asserting the petitioners as prospective candidate. After the announcement had been published, the Petitioners did not make an appeal to the state administrative court.
“Based on the legal fact above, according to Mahkamah, the regional commision action excluding the petitioners as a candidate for the regional election in Karimun District in 2011 is correct and approriate according to rule of law”, Hamdan says. “Therefore after considering all the facts above, the respondent exception regarding the legal standing of the petitioners has legal argument, as other point are not considered”. (Dodi/mh/ardi)
Monday, February 14, 2011 | 14:21 WIB 203