The Constitutional Court (MK) decide verdict against the election result dispute resolution Buton regency on Tuesday (24/7), at the Plenary Room. Chief Justice of the Constitutional Court Moh. Mahfud MD read with No. 91-92/PHPU.D-IX/2012 injunction was accompanied by a seven-judge constitution.
"Setting the voting results from each polling Candidate in re Election of Regional Head and Deputy Head of Buton Regency Year 2012 in accordance with the Decision of the District Election Commission Buton 33/Kpts/KPU-KAB/PSUPKD/V/2012 Number of Determination of Sound Acquisition Results Candidate Summary of Regional Head and Deputy Head of the Ballot Re-Election of Regional Head and Deputy Head of Buton Regency Year 2012 Post-Decree No. 91-92/PHPU.D-IX/2011 Constitutional Court, dated May 22, 2012 , as follows: 1). Candidate Pair Number 1 M. Yasin Welson La Jaha - Abd. Rahman Abdullah, a total of 7359 votes, 2). Candidate Number 2, Azhari, S. - Naba Kasim, a total of 20 946 votes, 3). Candidate Number 3, Agus Hidayat Feisal - Yaudu Salam Adjo, a total of 40. 864 votes; 4. Candidate Pair Number 4, Djaliman Mady - Muh. Saleh Ganiru, a total of 305 votes; 5. Candidate Pair Number 7, Ali La Opa - La Diri, a total of 423 votes; 6. Candidate Pair Number 9, Samsu Umar Abdul Samiun - La Bakri, a total of 44 941 votes; 7. Candidate Pair Number 10, La Uku - Dani, a total of 6396 votes," said Mahfud.
Hamdan Zoelva explained, after the Court has read and listened to reports from the parties and examined the evidence submitted by the Related Parties, the Petitioner and Respondent II carefully, according to the Court the Respondent has implemented the process of administrative verification and verification of the factual re going to candidates from element of political parties / coalitions of political parties and of the individual elements correctly in accordance with statutory regulations. Related Party to report on violations of the delegation of Buton Regency community voice support for one candidate of the individual elements of the pair of candidates of other individual elements, the Court there is no evidence that can convince the Court that this is happening. The postulate of the Related Party regarding illegal PPRN stewardship stewardship resulting in double the Petitioner II has been proposed to be re-voting participants Buton District Election, said Hamdan, chaos is going on in the management PPRN an internal domain of PPRN own party to solve it.
"The evidence submitted by the Respondent, the Court considered that the Respondent has taken all the procedures prescribed by laws and regulations in performing the administrative verification and re-verification of the factual kind to candidates nominated by individuals and to the candidates proposed by political parties / coalition of political parties to participate in the General Election ballot re-Buton Regency, although political party organization is in trouble. Therefore, the determination of the couple re-polling candidates Buton District Election Year 2012 results from factual verification and verification of re-administration was correct under the law," said Hamdan.
Hamdan said the arguments of the Related Parties of the other violations, according to the Court from the evidence filed by Related Parties, the Court found no set of facts or evidence to prove that there has been a violation of the General Election in a structured, systematic and massive in the voting process of Buton Regency. Although the Court has found the facts revealed at trial, that the violations that occurred in the implementation of re-voting is not only done by Petitioner II, but also the Related Parties have committed offenses similar to those performed by Petitioner II, but, as far as violations It is not structured, systematic and massive, and does not affect the vote and electability candidates significantly, the Court can not invalidate the results of the General Election. Thus it is with re-organization of the General Election ballot Buton District 2012 this year.
"Therefore, the Court did not consider further the report of the Related Parties other objections related to the administration and verification of factual re-verification and re-voting is conducted by the Respondent based on the Constitutional Court Decision No. 91-92/PHPU.DIX/2011, dated 21 September 2011, and Court Decree No. 91-92/PHPU.D-IX/2011, dated March 22, 2012 is. Thus, to ensure legal certainty and fair then the Court must immediately drop the Final Judgment in the case a quo. Considering that despite the Court’s legal reasoning in the case a quo, on the allegations of a criminal matter the election and other offenses, the Court about it still may be other remedies under the legislation without blocking the execution of commands contained in the ruling of this," Hamdan said. (Lulu Anjarsari / mh/Yazid.tr)
Tuesday, July 24, 2012 | 17:51 WIB 104