Respondent of Buleleng Regency: Posita and Petition Unclear and Irrelevant
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Evidentiary hearing of PHPU of Buleleng Regency No. 35/PHPU. DX/2012 - took place on Tuesday (15/5) pm in Meeting Room of the Constitutional Court (MK). Agenda is to listen to the answer of the Respondent and the Related Parties. Panel of Judges composed of Deputy Chief Justice MK Ahmad Sodiki (Chairman), Justice Harjono and Ahmad Fadlil Sumadi (Member).

In the hearing, the Respondent in this case Buleleng District Election Commission, responding to a petition presented arguments on the preliminary hearing. Regulation under Article 4 of the Constitutional Court stated that the object of dispute is the vote count.

"But the applicant had been wrong to explain its object. The applicant explained the problem even phases in the General Election, as the issue of ID card, diploma of related party. Accordingly, Petitioner explained that the object associated with the vote count, "said the Respondent.

In addition, according to Respondent, and the petition presented posita petition is vague, irrelevant or incoherent. Respondent explained, saying that the incoherent posita of the petition concerns only the stages in Buleleng Election 2012.

"But in a petition to the Petitioner, Petitioner would ask the Court to overturn the results of Election vote count," said the Respondent.

Other things, continued the Respondent, concerning violations or criminal case at the stage of the General Election, there was already a Circular Letter of the Supreme Court (MA) that it is a matter of common justice.

"So when it comes to criminal cases, the track should be to the Election Supervisory Committee. For example, if there is falsification of ID card, that’s the general court and the Court’s business, "added the Respondent.

Respondent also responded to Petitioner’s argument that Putu Agus Suradnyana (PAS) as a prospective candidate Buleleng Regent openly practice polygamy which by law is not legally valid.

"In our opinion, the issue of polygamy PAS is not the business of the Respondent, because it is a private matter PAS," said the Respondent.

In the meantime, Related Party Dahlan artery through his legal counsel, among others, explains that from the beginning there was no request Buleleng Election 2012.

"Why so? Who filed first is Nyoman Ari Cheap Asmara, as legal counsel. Then I asked Nyoman, whether it is submitting a request for Buleleng Election to the Court. He says not, "explained artery.

Next, related party responding to repair the petition, after a previous petition to get advice from the judges. "We say, this is not a repair request, but a new application," said artery. (Nano Tresna Arfana / mh/Yazid.tr)


Wednesday, May 16, 2012 | 10:50 WIB 155