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Although the Constitutional Court believes that the act of money politics and partisanship of government officials do occur within a certain scale and benefit of each party, whether the Related Party and the Petitioner, but the Court, especially against the Petitioner’s argument, found no violation of the General Election that is structured, systematic, and massive in Banten Province Election of 2011.

Thus it is stated by the Court in case number 114/PHPU.D-IX/2011 decision."Application Applicant has not been proven according to law," said Chief Justice of the Constitutional Court Moh. Mahfud MD, Tuesday (22/11) afternoon at the Plenary Room.

The case was filed by Candidate Governor and Vice Governor of Banten Province Number 2, Wahidin Halim - Irna Narulita. As for as the Related Party in this case is the Candidate Elected Governor and Deputy Governor, Ratu Atut Chosiyah - Rano Karno.

"Whereas the arguments about the politics of money, intimidation, vandalism, violence, and so forth have been found there and there, but did not significantly influence the vote of each pair of candidates," wrote the Court in that decision as thick as 467 pages. 

Although all these things have no effect on the rankings, the votes cannot change the election results. However, the Court warned, these problems can be fixed-even must-be forwarded to law authorities."To further the general prosecuted as criminal cases, both general crime and corruption," said the Court.

Prosecution for violations that occurred, both violations of the provisions of the General Election and to the statutory provisions in general, continued the Court, must be done so as not to be repeated the same things in the future. Political education was for candidates, voters, government officials, and organizers of the General Election. "Democracy is not just voting and vote recapitulation, but the freedom of voters to voice their choice without intimidation, coercion, and violence, economically, socially, and politically," recalls the Court.

Similarly to the arguments of the other Applicant, among other issues related to List of Electors Temporary and Permanent List of Voters, Election organizers alignments, printing errors KWK Form C1 and C2, and the use of software that benefit a particular candidate, according to the Court is also not proven.

 

Wrong Object

Meanwhile, on the other two applications, namely the number 115/PHPU.D-IX/2011 case filed by Candidate Pair Number 3, Jazuli Juwayni - Ma’mun 116/PHPU.D-IX/2011 Muzakki and case number filed by Will Candidate, Dwi Jatmiko - Tjejep Mulyadinata, the Court thought the object of the petition. Thus, the Court also stated the petition can not be accepted. "To grant the Exception of the Respondent and the Related Parties," said Mahfud.

According to the Court, the petition did not question the object of the petition in accordance with the regulations. "Application Applicant one object (error in objecto) and do not qualify the application referred to in Article 106 paragraph (1) of Act No. 32/2004 as amended by Law 12/2008 and Article 4 of PMK 15/2008, so the exception of the Respondent and the Related Party about one object is grounded according to law. "(Dodi / mh/Yazid.tr)

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