The Constitutional Court (MK) has finally decided to reject the entire petition PHPU Aceh Province - Case No. 22/PHPU.DX/2012 - on Friday (4/5) morning at the Plenary Court Room. The applicant is Muhyan Yusuf and Yunan as candidate number 2. The Respondent is KIP Aceh Party.

"Amar verdict hearing, stated in the demurrer, rejects the Respondent Parties and Related Parties exception. The Principal Case, refused the petition in its entirety," read Mahfud as Chairman of the Plenary, accompanied by other constitutional judges.

Before deciding the case, the Court has expressed his opinion. Among other things, related to the reopening of the registration of candidates of Governor / Vice Governor, Regent / Vice Regent, and Mayor / Deputy Mayor. According to the Court, it is intended to provide legal fairness, certainty and benefits to society. Thus the Court’s opinion contained in this Final Judgment legal considerations 1/SKLN-X/2012 Number, dated January 27, 2012.

The Final Judgment which, among other states, "Considering that to end the controversy and legal and political issues for the sake of social harmony and a more conducive security situation in Aceh province to principles, functions, and the goal of universal law as well as in the 1945 Constitution adopted the rule of law , justice, and expediency. According to the Court, although the general security situation in Aceh is quite conducive and security forces are ready to secure the implementation of the Aceh Provincial Election in accordance with the schedule, but given the need for accommodation on issues beyond the security issue per se, rather considering the need for accommodation to various political and social issues other in the Aceh province of the Court to make a decision that could provide legal certainty, fairness, and usefulness to society associated with the Election Year 2012 in the province of Aceh "

Based on the assessment of facts and law, the Court believes the Petitioners’ argument is unfounded according to law.

Furthermore the Court responded to Petitioners’ argument regarding the existence of terror and intimidation during the General Election. According to the Court, acts of terror and intimidation carried out by alleged sympathizers of the Aceh Party. While acts of terror and intimidation by members of the Aceh Party, can not be proven by the applicant, because the people who commit acts of terror and intimidation is not known whether the structure in question has a relationship with the Party of proving the existence of Aceh through the Aceh Party membership card.

In addition, the Court continued, basically one can not be burdened with losses for the actions he did not commit, and vice versa. The principle of justice so universally adopted, that "no one should benefit from the irregularities and violations of his own and no one should be disadvantaged by the irregularities and violations committed by others".

Thus, if it were true members, cadres or sympathizers of the Aceh Party act of terror and intimidation, according to the Court. due to acts of terror and intimidation can not be charged or passed on to the Related Parties. Based on the assessment of facts and law, the Court found the petition argument is not proven according to law. (Nano Tresna Arfana / mh/Yazid.tr)