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Dispute Regional Head General Election (Election) Aceh proposed by Ir. H.T.A.Khalid, M.M. (Aceh Governor Candidates) and Fadhlullah (Regent candidates Pidie) entered the stage pronunciation decision in the Constitutional Court (MK), Thursday (11/24/2011) evening. In case Number 108/PHPU.D-IX/2011 injunction, the Court partially granted the petition. "To grant the petition of the Petitioners for the most part," said the Plenary Session of the Constitutional Court, Moh. Mahfud MD, accompanied by Panel Member Achmad Sodiki, Harjono, Muhammad Alim, M. Akil Mochtar, Ahmad Fadlil Sumadi, Anwar Usman, and Hamdan Zoelva.

This ruling of the Constitutional Court Injunctions Strengthens Number 108/PHPU.D-IX/2011 dated 2 November 2011. Court in the ruling also ordered the Independent Election Commission (KIP) and the Freedom of Election District / City to continue the implementation stage, programs, and schedules election of Governor / Vice Governor, Regent / Vice Regent, Mayor / Deputy Mayor in the areas of Aceh Province.

In addition, the Court also declared candidates in the General Election in Aceh is not contrary to the 1945 Constitution and not violate the clause 1.2.2 Memorandum of Understanding Between the Government of the Republic of Indonesia and the Free Aceh Movement (Memorandum of Understanding between the Government of the Republic of Indonesia and the Free Aceh Merdeka). Then the Court states the authority to hear disputes the results of General Election in Aceh Province. Finally, reject the Petitioners’ petition for addition and the rest.

Issues surrounding the base of the Aceh Election dispute involve three things about the candidates; position and KIP Aceh Qanun; and final settlement of the dispute regarding the General Election. Regarding candidates, Article 256 of Act 11/2006 and Article 33 of Qanun No. 7/2006 regarding Second Amendment Qanun No 2/2004 regarding the Election of Governor / Vice Governor, Regent / Vice Regent, and Mayor / Deputy Mayor in Aceh ( Qanun 7 / 2006) stated that individuals can apply themselves or nominate himself as the candidate pairs for regional head of Aceh. Meanwhile, according to Article 59 of Act 32/2004, the regional head candidate may only be submitted by political parties or coalitions of political parties.

Constitutional Court in Decision No. 5/PUU-V/2007 dated July 23, 2007, affirming individual candidate does not conflict with the 1945 Constitution. Such decisions are based, inter alia, on consideration of practices in Aceh which allows independent candidates, so that Article 56 paragraph (2) of Law 32/2004 and the article as well as the related clause, which limits the prospective head region can only be submitted by political parties or coalitions of political parties , is contrary to the 1945 Constitution.

Based on these decisions seem to be expressly allowed individual candidates in the General Election to other areas in Indonesia, which was learned from the people of Aceh that aims, among other things, to increase the value of democracy in local elections. Furthermore, as the implementation of such decision, in 2008 enacted Act 12/2008 among others includes material on independent candidates.

Although Law 11/2006 and Qanun 7 / 2006 to limit individual candidate only for the General Election of 2006 alone, this does not mean that the people of Aceh is only entitled to one time only to carry the individual candidate in the General Election. With the Constitutional Court Decision No. 35/PUU-VIII/2010 dated December 30, 2010, which originally allowed individual candidate only once, namely in the General Election in 2006, to be applied to the regional head elections thereafter.

 

Strengthen the MoU

Court believes the verdict is not contrary to the will of the people of Aceh, as already stated in the Memorandum of Understanding Between the Government of the Republic of Indonesia and the Free Aceh Movement (Memorandum of Understanding between the Government of the Republic of Indonesia and Free Aceh Movement) signed in Helsinki, Finland, on August 15, 2005 (MoU). Mou Helsinki actually strengthens the will of the people of Aceh, because of the Helsinki MoU states that, "The parties commit themselves to creating conditions within the which the government of the Acehnese people can manifested through a fair and democratic process within the unitary state and constitution of the Republic of Indonesia ( The parties commit themselves to creating conditions within which the government of the people of Aceh can be manifested through a fair and democratic process within the unitary state and constitution of the Republic of Indonesia) ".

Thus the Court is not really an opinion stating that the MoU for candidates for all the General Election in Aceh is valid only one time. Because of the two grains of Understanding MoU was evident that candidates are allowed. Right of the people of Aceh to choose candidates for the election provided in April 2006 and thereafter (thereafter), not only for one time only.

 

Guided Qanun

Regarding the KIP Aceh, Aceh KIP and KIP position Regency / City together with organizers of elections in other regions in Indonesia, which has a fixed nature, have a hierarchical relationship with the organizers of the national elections (KPU), as well as in carrying out their duties is independent, independent, non-partisan , and free from influence of any power. The difference lies in the naming and the settings in the Qanun. The procedure of stages based on the General Election in Aceh Qanun.

Nevertheless, the Qanun must be guided by the laws that apply or verdict. Legal logic, Qanun only regulates material that is not regulated in legislation, or arranges further legislation in force. (Rosihin Nur Ana / mh/Yazid.tr)

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