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The Constitutional Court (MK) passed a decision in the election dispute of Nagan Raya District in 2012, Tuesday (14/8) at the Plenary Room. In its decision, the Court rejected a lawsuit filed by the Regent Candidate Election District of Nagan Raya 2012 Asib Amin and Djasmi Has.

 

"Amar verdict, judgment, expressed in the principal case: Rejecting the petition in its entirety," said the Court in case No. 57/PHPU.DX/2012 decision, which was read by Chief Justice of the Constitutional Court, Moh. Mahfud MD as Chairman of the Assembly, accompanied by other Constitutional Court.

 

This way of consideration for the DPT Petitioner argues that there are more than 20 105 voters without NIK (Population Identification Number), and more than 30 168 voters have the same birth date and month, ie July 1. On the Petitioners' argument, the Respondent (the Independent Election Commission District of Nagan Raya in 2012) claimed to have done the update DPT, announced, and provides an opportunity for voters to do the repair data.

 

Petitioners' argument and rebuttal to the Respondent, the Court considers that the NIK and multiple birth date / DPT as a problem resulting from the completion of the administrative reform in the national population. While the absence of NIK and the same date of birth of voters, said the Court, will not reduce the legitimacy of the elections for the Respondent to ensure that no voter dual / plural. "Petitioners' argument regarding the DPT should be declared not proven," said Court.

 

On the other hand, the Petitioner also argues that the Respondent certify ballots punched with a nail, burned with cigarette butts coals, or ripping the face of certain candidates, thereby injuring the confidentiality of the vote. Meanwhile, says the Respondent, the ballot is punched with a legitimate tool, has been approved by the Applicant witness the vote count.

 

Based on the testimony of witnesses at the hearing, the Court found the fact of voting ballots in various ways without using the official tools provided by the Respondent. "But did not find evidence to suggest that the ways in which these illegal voting done Respondent to gain one of the pairs of candidates," said Court.

 

Based on Muslem’s testimony as a witness presented by Petitioner, the Court continued, there were punched ballots with unofficial tools but it is considered legitimate, which later was overturned on a recount. However, the Court said, did not find evidence of a correlation between voting ballots unlawfully with the confidentiality of voter choice. "Therefore, Petitioner's argument must be declared not proven," said Judges.

 

Exception Denied

The Court also rejected the exception in the case of the Respondent and the Related Parties (Zulkarnaini-Jamin Idham). "In the Exception, rejects the Respondent and the Related Parties," explained the Court.

 

It thus based on the consideration that in his answer, Respondent and the Related Parties filed a demurrer to the petition. According to them, the petition is blurred and indistinct (obscuur libel) because there is a conflict between the petition.

 

According to the Court, the issue presented by the parties and the Related Respondent closely related to the purpose thereof. "It is closely related to the subject of the petition, so it will be considered along with the main petition," said the Court. (Shohibul Umam / mh./Yazid.tr)

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