Because the exception Respondent stated that the petition filed past the time limit reasonable under the law, the petition is not considered essential. This was stated by the Constitutional Court (MK) in case Number 49/PHPU.DX/2012 court ruling on Monday (23/7).

"Passing, in the exception, an exception is granted the Respondent. In the main petition, the petition is not acceptable," explained Chairman of the Plenary Session of Moh. Mahfud MD, when reading the verdict of General Election Dispute case (PHPU) Regional Head and Deputy Head of Sabang Second Round In 2012, in Room Plenary Session of the Constitutional Court Building, Jakarta.

The case was filed by Candidate Mayor and Deputy Mayor of the City of Sabang, Aceh Province in 2012, Jack and Saluddin Hirwan Al Cassany, while the Respondent is the Independent Election Commission of Sabang 2012.

In his judgment, the Court said that under Article 106 paragraph (1) of Law 32/2004, Article 5, paragraph (1) PMK 15/2008 period to apply for cancellation of the determination result to the Supreme Election vote count at least 3 (three) working days, after the Respondent Election vote counting result set in the regions concerned.

And the election minutes of the mayor / deputy mayor of Sabang, dated June 19, 2012. Then filed a petition to the Court no later than 3 (three) days after the determination day Tuesday, June 19, 2012 is. "So, three days after the determination of the results of vote counting by the Respondent in the case a quo is Wednesday, June 20, 2012, Thursday, June 21, 2012, and last Friday, June 22, 2012," explained the Court in the decision.

Meanwhile, the petition is received in the Clerk’s Court on Tuesday, June 26, 2012 based on the Deed of Acceptance of Petition File No. 239/PAN.MK/2012. "So that the petition had passed the time limit prescribed filing legislation," said Judge Plenary Court, Akil Mochtar, when reading the verdict.

As reported previously, the Applicant delivered a number of objections, including the Independent Election Commission (KIP) does not make a decree Vote Count Result Recapitulation to legalize the minutes of the election. "However, direct the Respondent issued a Decision on the Determination KIP Sabang Candidate Mayor and Deputy Mayor Elected Sabang in the Second Round General Election of 2012. In addition, Respondent issued a Decision Summary Minutes of Sound Acquisition and Determination of Results Candidate Elected Mayor and Vice Mayor Sabang Second Round General Election of 2012," explained the Petitioner in the petition file.

 The results of the vote count, the Petitioner objected to because there is a breach of a systematic, structured, and massive during the 2012 General Election Sabang affecting votes. "The results of calculation of the Respondent results from the electoral process as opposed to the principle of ‘Luber and Jurdil’. Therefore, the votes obtained by the Respondent determined the winner, not a reflection of the aspirations and sovereignty of the genuine people. But because of pressure from the tremendous feeling of fear and political rule of money," explained the Applicant. (Shohibul Umam / mh/Yazid.tr)