Have No Legal Standing, Imam Buchori-Zainal Alim Petition Unacceptable
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The Constitutional Court (MK) decided not to accept the petition of dispute of election result of Regional Head and Deputy Head of Bangkalan In 2012, Tuesday (15/1). In the ruling of the Court stated Petitioner, Imam Buchori-Zainal Alim (candidate no. 1) otherwise have no legal status (legal standing) to file this petition. Court also stated in its decision not to consider the subject petition and filing deadline. This was done because the Court in its legal considerations find no 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). The Court also did not notice that the Commission has made an effort of Bangkalan obstruct applicant to participate in the organization of the General Election of Bangkalan 2012. Related to the write-off of membership applicant as candidates in the General Election of Bangkalan happened five days ahead of the vote, the Court considers that the judgment must be true (res judicata pro veritate habetur) until a court ruling that declared the higher authorities to cancel the decision. Against the decision of the Administrative Court No. 136/G/2012/PTUN.SBY Surabaya, dated December 5, 2012, the Court considered that there was no legal remedy of Respondent (KPU Bangkalan) so that the administrative court ruling Surabaya and binding, even on behalf of the Respondent by issuing Minutes 73/BA/XII/2012 Number of Number 55/BA/X/2012 revocation Minutes dated October 22, 2012 concerning Stipulation Candidate Regional Head and Deputy Head of Bangkalan 2012 and Decree No. 74/Kpts/KPU Kab / 014.329656 / 2012, dated December 7, 2012, on the revocation of the General Election Commission of Bangkalan Decision No. 57/Kpts/KPU-Kab/014.329656/2012, dated October 24, 2012. Based on the decision of the Administrative Court of Surabaya and Bangkalan Commission decision, the Court considers that the applicant is not a Candidate Regent and Vice Regent of Bangkalan in the General Election 2012. Since the applicant is not a candidate, under the provision of Article 106 paragraph (1) Local Government Act and Article 1 paragraph 7, Article 1154 number 9, Article 3, PMK 15/2008, the court held that the applicant does not have legal status (legal standing) to apply this. "The verdict, hearing, states, In the Exception, the Respondent refused exception and exceptions Related Party regarding the authority of the Court and the object of the petition, the two exceptions granted Respondent and exceptions Related Party regarding legal status (legal standing) The applicant, the three Petitioners do not have legal status (legal standing) to apply for a quo. In Principal Petition, the petition cannot be accepted," said Deputy Chief Justice of the Constitutional Court, Achmad Sodiki acting as chairman of the plenary session of the Constitutional Court when reading the verdict. (Yusti Nurul Agustin / mh)
Wednesday, January 16, 2013 | 09:09 WIB 106