West Aceh Regency Independent Committee Assesed Petition Weak Formally
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Dispute the results of elections of regional heads District of West Aceh, Aceh province, re-tried in the Constitutional Court (MK), Monday (05/07/2012) afternoon. The trial of eight cases filed 28/PHPU.DX/2012 candidate’s regent / deputy regent of West Aceh, Adami-Bustanuddin (no. 13) Fuadri-H. T. Bustami (no. 3); Teuku Zainal TD-H. Said Nadir (no. 9); Teuku Syahluna Polem-Tgk. Harmen Nuriqmar (no. 12); H. M. Ali Alfata-Tgk. H. Muhammad Amien (no. 4]; Rasyidin Hasyim-Sofyan Rasyid (no. 5); Saminan-Babussalam Umar (no. 2); and Said Rasyidin Husein-Nurdin S (no. 1). The agenda of the Trial was to hear answers to the Independent Election Commission (KIP) of West Aceh Regency as a response to the Respondent and the Related Party, carried out by the Constitutional Court Panel M. Akil Mochtar (Panel Chair), Alim Muhammad and Hamdan Zoelva.

West Aceh Regency KIP through his legal counsel, Imran Mahfudi, the answer states, eight pairs of candidates who have applied for the position and interests of different laws. Petition should be filed by each candidate. "In our opinion, because there are differences in interest and legal standing, then this request should not be filed in an application. Therefore, in our opinion it is fitting for this petition cannot be accepted," Imran said.

Next, assess the request of West Aceh KIP formal defect. Because, at the preliminary hearing last May 3, 2012, the Applicant through its legal counsel submit a change request in which eight pairs of candidates who apply, two of whom did not sign a power of attorney by the Petitioner. So that the applicant attorney cannot act for and on behalf of the eight candidates who have filed their own petition, but can only act for and on behalf of the applicant who has signed the power of alone. "The petition is defective because of a change in the way of formal proceedings, it is because the original request to change an entity, then it should request cannot be accepted," said Imran.

According to KIP Aceh Barat, the petition does not qualify the results of the election dispute case. Therefore, the description in the petition regarding violations that are intended by the applicant, are not included in the category of offenses systematic, structured, and massive.

West Aceh KIP also consider the petition because the petition is vague clearly spelling out the vote counting errors made by the Respondent as the KIP Aceh Barat. The applicant also does not explain the results of calculations are correct to the applicant and not clearly spelling out the concrete form of violations committed by the Respondent, both the time and place concrete.

Therefore, West Aceh KIP requested the Court to grant the exception. Then declare the petition cannot be accepted. While in the principal case, asking the court accepted the grant of West Aceh KIP answer for all, rejected the petition in its entirety, and declared invalid by operation of law and strengthen the Decree of the West Aceh Regency KIP No. 51 Year 2012 regarding Stipulation Election Vote Count Result Recapitulation Regent / Vice Regent 2012 West Aceh district, on 14 April 2012.

HT Alaidinsyah-Rachmad Fitri HD as the Related Party I, through its legal counsel, Agus Herliza, denied the petition on the alleged proposition of money politics. Because the amount of money provided by success team Alaidinsyah-Rachmad is money to the witnesses. "The money amounting to Rp 600,000 distributed among the witnesses as many as 13 people each receives Rp 50,000 per person witness. So what is alleged by the Petitioners to Related Parties are absolutely without foundation," said Agus.

Ramli MS-Moharriadi as Related Party II, through its legal counsel is also denied the whole argument of the petition. Ramli-Moharriadi states have never done any attempt to influence the West Aceh KIP related to updating the data. (Rosihin Nur Ana / mh/Yazid.tr)


Tuesday, May 08, 2012 | 00:47 WIB 211