Board of Constitutional Justices when reading the decision for case No. 39/PHPU.D-IX/2011 on the Dispute over Sambas Election Result filed by Candidate Pair H.M. Sudin Asrin-Kurniadi. In their ruling, The Court announced the petition as unaccepted, Thursday (28/4) in the Plenary Courtroom.
Jakarta, MKOnline - The Petitioners’ Legal Standing is very important as it is the entry gate of a petition. Having a legal standing means that a person or a legal entity has a direct importance on the pleading case. The absence of a legal standing may cause the main substance not to be considered. Arguments in the petition will be like dust in the wind and in the end, the Board of Justice will lightly announce the petition as unaccepted.
The session for the dispute over Sambas Election Result held in the Constitutional Court (The Court) on Thursday (28/4) afternoon, bore a decision which did not go on the favor of the Petitioners as in the conclusion The Court announced that the Petitioners did not have a legal standing to file such petition. The Court then abandoned the main substance which lead to the statement that the Petitioners’ file was unaccepted.
Case No. 39/PHPU.D-IX/2011 was submitted by future candidate pair for Sambas Regent, H. M. Sudin Asrin-Kurniadi. Candidate pair from the individual line made a claim against the Decision of the Election Commission number 7 of 2011 which passed five future candidate pairs as candidate pairs.
Even though about legal standing had been stipulated in Article 3 paragraph (1) letter a of the Constitutional Court Regulation No. 15/2008, which stated that Petitioners in such cases were Candidate Pairs, The Court in their legal consideration stated that being a petitioner in such cases did not have to be candidate pairs as announced by the Respondents. Based on the decision No. 196-197-198/PHPU.D-VIII/2010, dated November 25, 2010, and decision No. 218-219-220-221/PHPU.DVIII/2010 dated December 30, 2010, for certain reasons The Court might provide a legal standing to the Petitioners although they were not candidate pair as announced by the Election Commission.
In decision number 196-197-198/PHPU.D-VIII/2010, the Petitioners had previously been announced to be eligible as a candidate pair, but then they were eliminated by the Election Commission without sound reasons. Consequently, The Court considered the Commission had been inconsistent in their decision and The Court also provided the Petitioners with a legal standing. This also led to the decision of The Court to order the Commission to do a re-voting in all Jayapura poll centers by inserting the Petitioners as one of the candidate pair. Further in the legal consideration for decision number 218-219-220-221/PHPU.D-VIII/2010, The Court ordered the Commission to do an administrative and factual verification to all candidate pairs.
Different from that situation, Sudin Asrin-Kurniadi pair did not take any legal effort by making claim to the State Administrative Court; moreover, Sambas Election Commission had never issued any decision which stated Sudin-Kurniadi was qualified as Candidate Pair for 2011 Election like what happened in Jayapura and Yapen Island Elections. Sambas Election Commission had also conducted a verification on all candidate pairs according to the existing law. Sudin-Kurniadi pair did not make any objections either. All of those led The Court to consider Sudin-Kurniadi not to have a legal standing as a party who could submit a petition. (Nur Rosihin Ana/mh/YDJ)
Friday, April 29, 2011 | 06:20 WIB 133