Dispute of Election Result of Banda Aceh Unacceptable
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Petition filed by Candidate Mayor and Deputy Mayor of Banda Aceh and Aiyub Ahmad-Hasbi Baday cannot be accepted by the Constitutional Court (MK). Similarly, the injunction number 27/PHPU.DX/2012 which was read by the Chief Justice of the Constitutional Court, Moh. Mahfud MD and is accompanied by seven other constitutional judges.

"Declare the exception, an exception is granted the Respondent and the Related Parties. Petitioner has no standing (legal standing) to file the petition a quo. In the main petition, the petition is not acceptable," said Mahfud on Wednesday (16/5), at the Plenary Court Room.

In consideration of the law which was read by Deputy Chief Justice of the Constitutional Court Achmad Sodiki, the Court weighed the opinion did not find any set of facts and law of evidence is convincing that there had been serious violations of the rights of individuals to be a candidate (right to be candidate) or a series of evidence -evidence of the Independent Election Commission of Banda Aceh to obstruct the fulfillment of the requirements Candidate Aiyub Ahmad-Hasbi Baday the general elections of Regional Head and Deputy Head of Banda Aceh Year 2012. "Under the legislation applicable, facts and evidence revealed in court, as considered above, the Court argued, the Respondent has undertaken the implementation of the General Election in accordance with the schedule and steps that have been established and based on evidence and facts The applicant does not qualify as a Candidate Mayor and Deputy Mayor of the City of Banda Aceh Election Year 2012, "he explained.

The act of returning excess of the Respondent to the Applicant ID 350 sheets, according to the Court, an action in accordance with the laws and regulations. When Respondent received the Petitioner excess ID, continued Sodiki, besides breaking the law will also make the performance of the Respondent further hampered by the need to verify that 350 pieces of ID cards could not be ascertained the truth, even though the Respondent shall implement the next stage in accordance with the schedule set. "Moreover, the Election Aceh has been delayed several times as a result of the problems in Aceh Election Year 2012," he explained.

In addition, Sodiki continue based on the fact that was revealed at the hearing, the Court, the Petitioner never filed a claim to the Administrative Court. "Thus, the Court found no evidence that Respondent intentionally disregard the verdict of the judiciary as well as deliberate stalling by way of appeal against such cases at the end of the period for appeal to the Candidate Will be no opportunity to enroll or not included as participants in the General Election," he explained

Court, explained Sodiki, Respondent also argues the exception and the exception of the Related Parties of legal status (legal standing) The applicant is proven and reasonable laws, therefore, Respondent's other exceptions, as well as a grace period for submission of application and the purpose thereof is not considered. Because of that, in the conclusion which was read by Moh. Mahfud MD, the Court concluded that the authority to hear the petition. "Exception of the Respondent and the Related Parties reasoned law. Petitioner has no legal status (legal standing) to apply for a quo. Deadline for submission of the petition and the petition is not considered essential," said Mahfud. (Lulu Anjarsari / mh/Yazid.tr)


Wednesday, May 16, 2012 | 17:55 WIB 138