The Court found that the petition case Number 64/PHPU.DX/2012 formally unqualified local election dispute the authority of the Court, as yet regarding the results of the local elections, so that the petition one object (error in objecto).
As stated by the Constitutional Court (MK) in the general election dispute decision (PHPU) Southeast Sulawesi in 2012 that proposed by Efendy Nurman and Mohammad Jamil, respectively as an ordinary citizen, Wednesday (10/10). "The object of the petition either (error in objecto). In Principal Application, Application Applicants cannot be accepted," said Mahfud MD as Chairman of the Assembly and Chairman of the Constitutional Court it.
Before the verdict, the Court considered the petition object. According to this decision, the objection petition is related to the Commission Decision Prov. Southeast Sulawesi on Stages, Programs and Implementation Schedule Selection. Thus, said the Court, the object of the petition is not the object of dispute PHPU under the authority of the Constitutional Court.
Although the Court has been examining the Case Number 108/PHPU.D-IX/2011 Dispute concerning General Election in Aceh Province filed before the vote carried, so there are similarities to the petition, the petition is not about fixing object counting results.
Nevertheless, the Court continued, the substance of the petition in the case concerning the constitutionality of the Aceh Election notch and the relationship between the Government of Aceh, the provincial parliament, and KIP Aceh and Aceh people's political rights in the administration of the General Election are directly related to the constitutionality of the rights of citizens to vote and to be elected as well as the implementation of constitutional principles in the administration of elections.
While the petition a quo, said the Court, was not related to the dispute institutional and constitutional rights of the people, as in Case Number 108/PHPU.D-IX/2011, so according to the Court, there is a difference between the application object. "Thus, the petition is not an authority of the Constitutional Court to try him," explained the Court.
More importantly, the Court added, in accordance with Article 106 paragraph (1) of Law 32/2004 party can apply PHPU Election candidates are couples, but not as a candidate applicant but as a private citizen. "Thus, the Petitioner also not eligible to apply for this," said the Court. (Shohibul Umam / mh/Yazid.tr)
Wednesday, October 10, 2012 | 20:35 WIB 158