Court Rejected whole Petitions on Dispute of Election Result of Cimahi Regency

Constitutional judges ultimately decided to reject the entire petition PHPU Regional Head and Deputy Head of Cimahi 2012 - Case No. 61 and no. 62/PHPU.DX/2012 - on Thursday (11/10) afternoon at the Court Meeting Room. "Decision to reject the petition entirely," said Chairman of the Plenary Achmad Sodiki accompanied by other constitutional judges.

Responding Case No. 61, on demurrer Related Party petition on one object (error in objecto), according to the Court the petition object is essentially an objection to the Cimahi KPU Decree No. 22/2012 on the Determination Recapitulation Acquisition Candidate Electoral Vote Legitimate Mayor and Vice Mayor of Cimahi Year 2012 dated 13 September 2012.

"Associated with the exception of the Related Party, it is a technical error that does not affect the essence of writing the petition, so the exception according to the Court a quo is inappropriate and unwarranted under the law," said the Court.

Against Petitioner that Respondent intentionally passed candidate for mayor of Couple Number 3, namely Hj. Atty Suharty, SE. become Parties Election of Mayor and Deputy Mayor of Erode, whereas the candidate for mayor of Couple Number 3 does not meet the health requirements are physically and mentally healthy as required by Law No. 32/2004, the Court found that, in accordance with Statement No. 089/IDI-CMH/VII/2012 dated July 20, 2012, explaining that the name of Hj. Atty Suharti, SE qualified spiritually and physically as Mayor Candidate, according to the evidence, and in conjunction with the attached Letter of Agreement between Cimahi Commission and the Indonesian Doctors Association Branch of Cimahi.

"Thus, Petitioners' argument is not grounded in the law," the Court said.

Considering that in connection with the PKK cadres are advised to select a Related Party, according to the Court, if it is true Petitioners' argument occurs, it clearly cannot be justified by law and must be given appropriate sanctions for perpetrators of legislation and regulations. But related to the election of regional head of Cimahi, cannot be certain that voters will give voice to Related Party, applicant, or the other candidates.

Moreover, Petitioner cannot prove with convincing evidence of the Court, that it was done in a structured, systematic and massive. Therefore, according to the Court a quo Petitioners' argument is groundless according to law.

Furthermore, responding Case No. 62, based on the decisions of the Constitutional Court, the Court, after considering the evidence and the facts revealed in the trial, if there is any violation, it was not proven beyond reasonable doubt a violation of a structured, systematic and massive, because it only happens sporadically. Moreover, appropriate evidence and facts in TPS government housing that is housing civil servants who get the most votes is the candidate no. sequence 2. Considering the existence of other violations, though the Petitioner was made Mayor of Erode and bureaucrats such as village heads and district using certain events which bring the head of RT, Chairman RW, teachers or cadres of the PKK, to submit a request to participants to support partner candidate no. sequence 3 on Cimahi Election 2012, but the mayor is not proven measures followed by subsequent actions that are structured, systematic and massive. Therefore, according to the Court, the Petitioners' argument is unproven and unwarranted by law. (Nano Tresna Arfana / mh/

Friday, October 12, 2012 | 10:35 WIB 78