Legally Unreasonable, the Court Rejects Petition of Pidie District
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After passing through a long process, starting from the preliminary hearing and the evidentiary hearing the parties, ultimately the Constitutional Court (MK) decided to reject the entire petition of Dispute of Election Result of Pidie District case No. 20/PHPU.DX/2012 - on Wednesday (9/5) afternoon.

Court said, the court found the legal facts of terror and intimidation, which the Applicant witness alleged sympathizers of the Aceh Party, but there is no convincing evidence that the violation has been committed by the Aceh Party or Related Party Couple Teams are structured. In addition, it cannot be proven that such measures have a relationship with the structure of the Aceh Party through legitimate and convincing evidence.

The Court did not find convincing evidence that a variety of fraud, terror, intimidation of a fellow candidate or candidates to the community done in a structured, systematic and massive in order to win the Related Parties. Anyway, after looking at the Court affidavits of Election Supervisory Committee of Pidie District, there is no evidence of violations of the Election in a variety of cases reported to the Election Supervisory Committee of Pidie District.

According to the Court, in essence a person cannot 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 of the Aceh Party cadres or sympathizers of terror and intimidation to act as Petitioner’s argument, the Court, due to acts of terror and intimidation cannot be charged or accountable to the Related Parties as there is no evidence that the offense was committed on the orders Related Party or the Party of Aceh.

If some of these violations can be proven by the applicant, the Court a quo only offenses which do not sporadic through the governance structure or the structure of the Aceh Party. Anyway Even if some of the arguments proved the petition, such instances do not affect significantly to the vote ranking applicant. Thus, the argument of the petition is not proven according to law.

Furthermore, Petitioner’s argument about the existence of other violations, the Court is not proved by convincing evidence that the offense occurred in a structured, systematic and massive that significantly affect the ranking of votes applicant. Therefore, the Court, the argument was not proven and the law unreasonable.

"Verdict hearing, stated in the demurrer, rejects the Respondent and the Related Parties. In the main application, reject the petition in its entirety," Mahfud MD read. He was accompanied by other constitutional judges. (Nano Tresna Arfana / mh/Yazid.tr)


Wednesday, May 09, 2012 | 18:51 WIB 145