Petition of Ismet Roni and Solihah on Tulang Bawang District Election Commission decision (Respondent) who won Candidate Hanan A. Razak and Heri Wardoyo (Related Party) was rejected by the Constitutional Court. The verdict numbered 73/PHPU.DX/2012 was pronounced by Chief Justice Moh. Mahfud MD accompanied by eight Constitutional Court Justices on Wednesday (31/10) at the Plenary Court.
According to the Court, the application serial number of the candidate, not proven. "Rejecting the petition for all," said Mahfud when reading the verdict.
Previously, Petitioner argues the least offense is structured, systematic and massive involving the Related Parties, Respondent, Election Supervisory Committee, and Government officials.
Such violations occur in various forms, such as: first, the practice of money politics by the Related Parties involving PT. Sugar Group Company (PT.SGC). Second, the practice of money politics by the Related Parties involved the formation of Team Campaign with the name “Cadre Development” and recruits some people to distribute money in the villages. Third, the practice of money politics by the Respondent in the form of distribution of money to the reporters in the district. Onions bone imaging for the benefit of the Related Parties. Fourth, Lampung Governor involvement in the winning effort Related Parties. And fifth, the existence of the creation of the conflict in the Election watchdog made by the Respondent in order not to supervise the fullest.
"The Court did not find any violation of the General Election that is structured, systematic and massive violation of the principle of the direct Election, general, free, secret (Luber), and also honest as well as fair (Jurdil) as stipulated in Article 22E Paragraph (1) of the 1945 Constitution, thus significantly influence the results of the Election of Tulang Bawang District 2012. Thus, Petitioner's arguments are not grounded in the law," wrote the Court's decision is 55 pages.
Unacceptable
As to Case No. 72/PHPU.DX/2012 filed by Candidate Frans Agung Mula Putra and Darwis Fauzi, the Court declared unacceptable. "Petitioner has no legal status (legal standing) to apply for a quo," said Mahfud conclusion when reading the verdict.
Court concluded, did not find a set of facts and legal evidence is convincing that there have been serious violations of the rights of individuals to be a candidate (right to be a candidate) or the Respondent's actions prevented the fulfillment of the terms of Candidate Frans Agung Mula Putra and Darwis Fauzi in the administration of the General Election of Tulang Bawang 2012. Therefore, the Court asserted that Respondent's actions do not pass the petition is action in accordance with the legislation.
"That regardless of the presence or absence of Medan PT.TUN decision on a lawsuit the plaintiff, the petition a quo as Petitioner, Petitioner appeared that lawsuit is still in process, so there is no decision of the administrative courts and binding," said Court. Earlier, in the first level, the Administrative Court rejected the whole Bandar Lampung lawsuit Petitioner states. (Dodi / mh/Yazid.tr)
Wednesday, October 31, 2012 | 17:21 WIB 124