Court Rejected Dispute of Election Result of Probolinggo
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Decision of the Constitutional Court (MK) rejected the petition stating dispute of election result of Probolinggo Case No. 92 and 93/PHPU.D-X/2012 - for all. "The verdict, prosecuting, said the petition to reject entirely," Mahfud MD said accompanied by other constitutional judges. Similarly, the judges read the Constitution in its verdict in the trial Court, on Thursday (13/12) afternoon.

Against Petitioner about KPPS in TPS 4, Village Sukorejo, vote own ballot on 8 November 2012; the Respondent argued essentially the Petitioner is not clear. If the petition is intended voting ballots that other people have done by Officer KPPS, then that too is also not clear.

"Because Petitioner did not mention in detail when, where, how KPPS the ballot menyoblos a quo, how many ballots were punched himself, as well as for the benefit of candidates who," said the judges of the Constitution.

In fact, during the last polls to finish in TPS 4, Village Sukorejo, no problem and no specific incident or recorded in the objection form. To the problems of law, according to the Court, there is no convincing evidence, KPPS in TPS 4, Village Sukorejo, vote offense with someone else’s voice mail.

"Even if true arguments, Petitioner also cannot proved the candidate where the noise is given. Thus, Petitioner a quo is not unreasonable under the law," said the Court.

Furthermore, Petitioner argues the ballot boxes were not sealed in the village Sindetlami, District tomorrow on 7 November 2012. To prove their argument, Petitioners filed a proof of the letter / article. Against these arguments, the Respondent argued that essentially right on Tuesday, November 6, 2012 at about 14.00 in the Hall Village Sindetlami, has organized the delivery of logistics Election Commission through PPK Besuk District to PPS Sindetlami, including six with the ballot box it locked and sealed.

To the legal issues, there is no convincing evidence that the Respondent has violated Petitioner’s. Even if true arguments, Petitioner also cannot prove the link between unsealed ballot boxes found in TPS II and III in the village Sindetlami, District of tomorrow with the addition or subtraction of votes candidates.

Moreover, the fact that after the examination was held in the presence of local Field Supervisory Committee concluded that the seal is not damaged because of the accident and it has been stated in the Minutes of Delivery Logistics of Probolinggo Election 2012 in the District tomorrow. Therefore, according to the Court, Petitioner was unwarranted by law.

Based on the assessment of the facts and the law as explained above, the Court concluded: The Court’s authority to hear the petition, the Petitioners have legal status (legal standing) to file this petition, the petition was filed within the prescribed time legislation, and related the principal issue is not proven. (Nano Tresna Arfana / mh)


Thursday, December 13, 2012 | 18:00 WIB 151