Jakarta, MKOnline - the Constitutional Court decided to reject the entire petition in case disputes of regional head elections results of Sarolangun District 2011.The Court's opinion, the subject petition was not found to significantly affect the outcome of Election. In addition, the Court also affirmed that they did not find any violations that are structured, systematic, and massive as argued by Petitioner. Thus expressed by the Constitutional Court in the decision-numbered 53/PHPU.D-IX/2011, on the session for reading of the verdict on Monday (6 / 6) in the courtroom of the Plenary Courtroom.
Petitioners in this case is the regional head candidate number 3, As'ad Maryadi Isma-Sharif. As a Related Party, candidate number 1, check-Pahrul Endra Rozi. Meanwhile, as the Respondent, is Sarolangun Regency Election Commission.
Previously, the Petitioner argues that the four main applications, namely: the neutrality of government administrators / civil servants (Civil Service), the money politics, the implementation of voting violations, and the increase in the number of illegal voters. However, the evidentiary hearing, the Respondent and the Related Party has denied this. The witnesses were presented by the parties, during the trial, denied each other.
But finally, in its decision, the Court stated that the Petitioners' argument is not proven. "Petitioners' petition is not proven according to law," said Chairman of the Constitutional Court Moh. Mahfud MD.
Related to argument on the involvement of civil servants in order to win the Related Parties, the Court concluded, the proposition Petitioner should be excluded. Although, the Court has confirmed there are activities Bimtek (Technical Guidance) which was held in Batu, East Java, on September 29, 2010 and occurs direction, at least to some village chiefs who were present to provide support to Cek Endra.
"Briefing to the village head, either by the District Head and the Regent, for supporting a particular candidate, it is not justifiable and likely to lead to systematic violations of the General Election. However, by considering the principle of usefulness and significance of vote affected because of violation referred to, let alone in the trial court did not find evidence that the village heads really give support to do Cek Endra and raising the mass of voters to support candidates for Regent Cek Endra, "said Court. Neither of the involvement of other civil servants' argument, the Court asserts, is also not proven.
While the arguments against money politics by the Related Party, said the Court, based on evidence and facts revealed in the hearing, Petitioner did not elaborate further and prove their argument. Moreover, the Court continued, the Panwaslukada (Election Supervisory Committee) stated that the consolidated petition was not clear so it can not be followed. "Based on these considerations, according to the Court, Petitioners' argument does not prove otherwise," said one of the Constitutional Court Justice.
Furthermore, with regard to the existence of 8 (eight) minors who voted at polling stations 2 Mersip Village, the Court considered, did not significantly influence the voting results of regional head candidates. "From the cases that do Gakkumdu title, voting by the eight children because their names are entered in the DPT and written already meet the voting age to participate. About Samson Hafiz and Rusminah that force 2 from the vote at the polling station is not listed in the DPT TPS 2, the degree Gakkumdu case declared both measures related only administrative problems, especially when it is both allowed by the polling officer 2, "wrote the Court in its consideration. (Dodi/mh/Yogi Dj)