Dispute Authorities between State Institutions of Ministry of Internal Affairs Vs Election Commission and KIP Aceh Reopened New Registration

To meet the public sense of justice and Election process more democratic and fair legal certainty, the Court considered that there are important reasons, urged to drop in Case No. 1/SKLN-X/2012. Thus the decision of the Constitutional Court (MK) delivered on Tuesday (17 / 1), at the Plenary Room, Jakarta,

Why are these Injunctions were dropped before Case No. 1/SKLN-X/2012 finished? Court reasoned that this process takes a long time. It thus would be meaningless because the General Election in Aceh continued until the voting stage. It resulted in the emergence of new problems in the implementation of the General Election in Aceh.

Injunctions So with that, the Court ordered the reopening of Aceh Election candidate registration 2012 - 2017, during the past seven days from today, January 17, 2011."It thus aiming to provide the opportunity for interested parties to determine the attitude of knowing the validity of the law after the General Election in Aceh," said Mahfud MD when reading the verdict.

Within seven days, the KIP was also asked to perform verification and establishment of a new candidate pair without changing the voting day and date. And this, according to the Court, is sufficient.

"As for all candidates who have registered and established in accordance with the verification process that applies to the existing serial number, does not affect its status with the existence of this decision, including administrative decisions relating to the procurement of election logistics," wrote the Court.

In the judgment, before dropping the final decision, ordered the Respondent to, reopen registration candidates of Governor / Vice Governor, Regent / Vice Regent, and Mayor / Deputy Mayor for giving opportunity to the new candidate would have not signed up, whether submitted by political parties, coalitions of political parties, and individuals, including the verification and confirmation for new candidates up to 7 (seven) days from the interim decision is pronounced.

In addition, the Court also been ordered to reopen the corresponding registration interim decision of the Constitutional Court related to the Aceh Election dispute which terminated on November 2. At that time, the Petitioner asks legal certainty related to the permissibility of an independent candidate in Aceh following the 2012 elections. Interlocutory strengthened reinforced by the Court in a final decision on 24 November 2011.

However, the implementation of two November Injunctions were apparently not used fully by the parties are still not being, as it is awaiting a final decision of the Constitutional Court November 24. But after a final decision handed down, the time of registration as a candidate would have been closed by the KIP Aceh because the Court only ordered the opening of registration for 7 days (starting from November 2).

"The Court understands that there are those who have not yet determined a specific legal attitude that is signed up as a candidate or candidates are not signed up because it is still waiting for legal certainty to the purpose thereof terminated on November 24, 2011," wrote the Court.

Furthermore, according to the Court, This has resulted in neglect of the rights of political parties or individuals who should stand as candidates in elections to the region of Aceh. "This situation is potentially disrupting the implementation of electoral governance in Aceh," he wrote. (Shohibul Umam/Yazid.tr)

Wednesday, January 18, 2012 | 13:59 WIB 83