The Constitutional Court rejected the petition states in the case of dispute the results of elections of regional heads Singkil district. "Principal Petitioners’ petition is not proven according to law," said Deputy Chief Justice of the Constitutional Court Achmad Sodiki conclusion when reading the verdict numbered 26/PHPU.DX/2012 on Monday (14/5) at the Plenary Court courtroom.
According to the Court, the Related Party Candidate Pair of Regional Head Number 1 Safriadi - Dul Musrid has been qualified as a candidate, although it proved to have committed a crime. Court’s opinion, the Related Parties have fulfilled the terms of Yeng has been determined by the Court in the decision No. 4/PUU-VII/2009.
In the Court’s decision still provide space for prisoners to keep moving forward as candidates, with the conditions stipulated in the Decision, which states in Article 58 letter f of Law Number 12 Year 2008 regarding Second Amendment to Law Number 32 Year 2004 areas do not have binding legal force to the extent not qualify, namely: a) does not apply to elected public office (elected Officials); b) applies a limited period of time is only for 5 (five) years from the convicted person has finished his sentence; c) is exempted for ex-convict who openly and honestly told the public that the relevant ex-convict, and d) rather than as perpetrators of crime repeatedly.
"Believes that the District Court Singkil widely know that the Candidate Pair Number 1 been sentenced, however, people are still voting for Candidate Pair Number 1, so the pair of votes significantly outperformed the other candidates," said the Court in its legal considerations.
In addition, the Court also noticed a significant difference between the case with matters related to regional head candidate Dirwan Mahmud who committed the crime of murder. Court’s view, in the case Dirwan Mahmud, has been shown to change the name Dirwan to hide the true identity, and the trial court he did not admit honestly that he was never convicted. While in this case, Safriadi charged with abuse of fuel bersubdi far remained domiciled in the District of Aceh Singkil. Also in the trial court, he also admitted that he had been sentenced.
Whereas for the other offenses argued by the Petitioners, the Court is not substantiated by sufficient evidence is convincing that the violations occurred in a structured, systematic and massive, which significantly affect the applicant to exceed the votes of votes of the Related Parties. "Therefore, the Court is Petitioner unproven and unwarranted under the law," said Court.
The petition was filed by two regional head candidates, the Candidate Pair of Regional Head and Deputy Head of stars. Sort 4 Sazali - Saiful Umar (Petitioner I) and the Candidate Pair Number 7 Syafril Harahap - Yuli Hardin (Petitioner II). (Dodi / mh/Yazid.tr)
Monday, May 14, 2012 | 19:35 WIB 162