KIP of Gayo Lues District Consider Irmawan-Yudi Petition Unclear
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Petition filed by Irmawan-Yudi Chandra Irawan, cannot be qualified as a matter of dispute the results of elections of regional heads (Election) District Province of Aceh Gayo Lues. Therefore, the provisions of Article 75 letter a of Law Number 24 Year 2003 regarding the Constitutional Court, as amended by Act No. 8 of 2011 asserted that the petition filed by the Applicant shall describe clearly erroneous vote count announced by the Election Commission and the correct calculation results by applicant.

"The applicant did not describe in a clear and detailed vote count errors that have been set by the Respondent as well as the correct vote count according to Petitioner," said Imran Mahfudi, legal counsel of the Independent Electoral Commission (KIP) Gayo Lues, in proceedings in the Constitutional Court (MK) , Wednesday (23/05/2012) afternoon. No trial of the case. 36/PHPU.DX/2012 with the agenda to listen to the answers KIP Gayo Lues, Related Party, and the proof, carried out by the Constitutional Court, Moh. Mahfud MD (Panel Chair) accompanied by Usman Anwar and Maria Farida Indrati.

In addition, the KIP Gayo Lues-Yudi Irmawan consider the request is vague because it solely based on assumptions. Because in addition to not clearly spelling out the vote counting errors made by the Respondent, and does not explain the true vote count, Irmawan-Yudi also not clearly spelling out the concrete form of offense that has been done by KIP Gayo Lues, both the time and place of violation .

Relating to alleged violations-as argued by Irmawan Yudi, it is according to the KIP Gayo Lues not include categories of violations are systematic, structured, and massive."According to Respondent’s violation of some description which is also argued by the applicant can not be substantiated, not included in the category of offenses that are systematic, structured, and massive," said Imran.

KIP Gayo Lues clearly states a series of stages and Gayo Lues Election program with reference to the provisions of the legislation in force and is in accordance with the principle and the principle of election. KIP Gayo Lues also refuted the argument about her partiality to any one candidate. Reinforce this, Gayo Lues KIP showed evidence of witnesses who are not candidate’s objection to the recapitulation of vote counting at district level in all districts in the district of Gayo Lues (Exhibit T-4 to T-14).

Furthermore, the KIP Gayo Lues denied Petitioner’s argument that states the determination of pair-Hashim Ibn Adam (number 3) is not in accordance with Law Number 11 Year 2006 concerning Aceh Government Article 67 paragraph (2) item i in conjunction with Aceh Qanun No. 5 of 2012. Article 22 letter k Aceh Qanun No. 5 of 2012 on the core set of terms a candidate for governor / lieutenant governor, regent / deputy regent, and mayor / deputy mayor, one of which was never committed a disgraceful act. "In terms of the terms have never committed a disgraceful act, are not regulated in more detail about what works in the category of moral turpitude and the means for establishing eligibility," said Imran.

Therefore, the KIP Gayo Lues in his claim or petition asking the Court to accept eksepsinya. Then request also said the petition Irmawan-Yudi Chandra Irawan cannot be accepted. While in the principal case, the court accepted the appeal and grant all the answers KIP Gayo Lues and refused all requests for Irmawan-Yudi Chandra Irawan. "To declare invalid by operation of law and strengthen the decree No. Gayo Lues Regency KIP 270/0505/KIP/2012 dated May 3, 2012 concerning the Stipulation of Candidate Elected Regent and Vice Regent, Regent Election and Vice Regent of Gayo Lues 2012," pleaded KIP Gayo Lues through legal counsel, Imran Mahfudi. (Rosihin Nur Ana / mh/Yazid.tr)


Thursday, May 24, 2012 | 06:40 WIB 150