The Constitutional Court (MK) has finally decided to reject the petition of PHPU Buleleng 2012 for all - Case No. 35/PHPU.DX/2012 - the verdict in the trial which took place on Monday (28/5) afternoon at the Plenary Court Room.
"Decision rejected the petition in its entirety," it read by Mahfud MD, accompanied by other constitutional judges.
Court’s opinion on the petition, the Respondent and the Related Parties filed a demurrer in a statement that essentially stated the request of the object (error in objecto), not including the authority of the Court’s request and petition obscure (obscuur libel).
Exception to the Respondent and the Related Parties, the Court argued that the object of dispute Election vote count is set by the Respondent that affect the determination of which candidates can follow a second round of Election or election of candidates for regional head and deputy regional head, so the main object petition a quo was correct that the Minutes of the Recapitulation of Vote Count Result of General Election of Regional Head and Deputy Head of Buleleng 2012 by the National Election Commission of Buleleng 26th April 2012.
"Therefore, the exception of the Respondent and the Related Parties stating the request of the object (error in objecto) is no legal reason," said the judges.
As the Court’s previous decisions regarding the application object, the Court decided not only related to the vote count but also the processes that influence the vote. Therefore, the exception of the Respondent and the Related Parties stating the request object instead of including the authority of the Court was not unreasonable under the law.
Then the exception of the vague petition, the Court, the exception includes the principal domain of application to be considered together for the purpose thereof. Based on the description of the foregoing considerations, the Court exceptions of the Respondent and the Related Party is legally groundless.
Monday, May 28, 2012 | 21:49 WIB 131