The Constitutional Court (MK) has finally decided the case PHPU Central Maluku District - Case No. 38/PHPU.DX/2012 - grants the petition for the most part. The Court thus decided the judges’ verdict in the trial which took place on Tuesday (26/6) afternoon at the Plenary Session of the Constitutional Court Room.
"The verdict, before the final verdict, granted the petition in part," said Chairman of the Plenary Mahfud MD and is accompanied by other constitutional judges.
The Court also decided to suspend the entry into force of the Central Maluku Regency Decision on the Determination No.07/Kpts/KPU.Kab-MT/V/2012 Acquisition Vote Count Recapitulation Election of Regent and Vice Regent of Central Maluku District in 2012 for the Second Round, dated May 30, 2012 and Decree of the Election Commission of Central Maluku District No. 08/Kpts/KPU.Kab-MT/V/2012 of Candidate Elected Regent and Vice Regent of Central Maluku Regency Period 2012-2017, dated May 30, 2012.
"Ordered to the Election Commission of Central Maluku regency to conduct re-counting ballots in TPS 1, TPS 2, TPS 3, 4 TPS, TPS 5, 8 TPS, TPS 10 and TPS 12 Village Tamilouw Amahai District," said the judges.
Based on the testimony of witnesses and convincing evidence, the Court found that the uncertainty over the valid ballots and invalid on the Petitioner’s argument proved to occur in TPS 1, TPS 2, TPS 3, 4 TPS, TPS 5, 8 TPS, TPS 10 , and TPS 12 Tamilouw Village District
Amahai, all polling stations in the Northern District of West Seram, and all polling stations in the District of Teon Nila Serua, both of which occur due to delays in the Circular Letter of the Respondent on the ballot next to the see-through, and that happened because of the voting is not a tool that has been provided.
Court considered, the overall number of valid votes and mail ballots are not valid from the territories of the above election have significance in the determination of voting results of the pair potential participants Election Central Maluku regency. So for the protection of constitutional rights of voters and candidates for the General Election participants, needed certainty over the voting results and valid for the pairs of candidates.
In addition, in its decision, the Court ordered all polling stations in the Northern District of West Seram and all polling stations in the District of Teon Nila Serua, by applying the Circular of the General Elections Commission Number 79/KPU-KAB.029.433639/V/2012 Central Maluku District dated May 23, 2012 and under applicable law.
The Court also ordered the Election Commission of Maluku province and the Election Supervisory Committee of Central Maluku regency, and the Election Supervisory Board to oversee the implementation of re-counting the appropriate authority.
"Report to the Court’s re-tally the ballots no later than 30 (thirty) days after the verdict was read. Reject the petition for the addition and the rest, "the judge decided. (Nano Tresna Arfana / mh/Yazid.tr)
Tuesday, June 26, 2012 | 16:28 WIB 171