Dispute of Election Result of Baubau Regency, Southeast Sulawesi, Ibrahim Marsela-Muirun Awi (Case No. 86/PHPU.DX/2012) and MZ Amril Tamim- Agus Feisal Hidayat (Case No. 87/PHPU.DX/2012) to the Constitutional Court (MK) has not been proven according to law, so that the Petitioners’ petition is rejected entirely. 

"Passing, states, rejected the petition to all," said Chief Justice Mohammad. Mahfud MD, chairman of the trial verdict, when reading the two verdicts, Thursday (6/11) afternoon, at the Plenary Court Courtroom. "That decision was made in the Consultative Meeting of the nine Constitutional Court," added Mahfud.

In its opinion, the Court said that the principal objection to the applicant at the vote count results set the Respondent; the Respondent has passed since the previous Candidate AS Tamrin-Wa Ode Maasra Manarfa (Related Party) as participants Election. In fact in question was ill and was undergoing a period of TB disease maintenance.

Against these arguments, the Court is Petitioner was not proved by the evidence, while the Respondent has proven form of certificate examination spiritual and physical abilities of A.S. Tamrin. It thereby also strengthened by the testimony of Election Supervisory Committee of Baubau that they never received the findings and / or reports of Election Supervisors, community, and / or Future Candidate linked to alleged of AS Tamrin, does not meet the health requirement. "Therefore, the Petitioner has not been proven according to law," the Court explained.

Politicization of Bureaucracy Not Proven

On the other hand Petitioner also argued the politicization of the bureaucracy in structured and systematic Assistant officials Southeast Sulawesi Provincial Government invites the public to elect Candidate Number 2. Acting Assistant also supports and joins the Regent and Vice Regent Buton to win Candidate Number 2

"Petitioners’ argument is not proved by convincing evidence that the politicization of the bureaucracy that made Acting Assistant I Southeast Sulawesi Provincial Government took place in a structured, systematic significantly affect the vote applicant to exceed the number of votes the Related Parties," explained Court decision No. 86.

No. While the case. 87, Petitioner argues that the candidate pair number 2 through Regent of Buton mobilize and press 3600 PNS District of Buton who lives in Baubau. However, the argument was assessed by the Related Party just making it up, because mobilize 3,600 people was impossible.

Against these arguments, the Court did not find convincing evidence that the regent ordered the ranks of civil servants of Buton to win the Related Parties. "Thus, the Petitioner a quo unproven and unwarranted under the law," said the Court.

In the final opinion, the Court said that although there are other violations, but the Petitioner a quo is not evidenced by fairly convincing evidence that the offense occurred in a structured, systematic and massive, which significantly affect the number of votes exceeds the number of votes that the Applicant Party related. "Therefore, the Court is Petitioner unproven and unwarranted by law." (Shohibul Umam / mh)