The Constitutional Court rejected an application for the whole family regent and deputy regent of Tangerang number 4 Achmad Suwandi-Muchlis on Tuesday (15/1). Application number 100/PHPU.DX/2012 was read by Deputy Chief Justice Ahmad Sodiki accompanied by seven other constitutional judges.
"Declare the exception reject the Respondent\'s exception and the Related Parties. In the principal case, rejected the petition entirely," said Sodiki before the plenary session.
In the opinion of the Court that one of the judges read the Constitution, explaining that the argument of the applicant disclosed the law unreasonable. The existence theorem that states the applicant the sum contained in the Model DB.1 KWK.KPU, ie the column written unused ballots 1,094,871, so it does not correspond to the sum of 1,080,881 ballots as valid and invalid ballots as many as 42,512. Letter Decision on Respondent No. 087/Kpts/KPU-Kab.Tng/015436389/XII/2012 Recapitulation Vote Count Results in the District Level Elections Regent and Vice Regent of Tangerang period from 2013 to 2018, found that indeed there is a discrepancy between the sum of the ballot valid and invalid ballots.
"Occurrence of discrepancy between the sum of valid ballots and the ballots invalid due to an error in entering the data in the Model DB-1 KWK. Based on the assessment of the law and facts, the Court is correct that although Petitioner a quo was an error writing the Model DB-1 KWK, but the error does not change the vote of each candidate," said constitutional judge.
In addition, the applicant also postulates Respondent deliberately eliminating Tangerang District residents the right to vote by not entering into the Tangerang District residents DPT occurred in 22 districts. However, based on available evidence, the Court did not find any objection either from the applicant or other candidates for DPT determination by the Respondent. "Therefore, the Petitioner in a plenary session in the General Election of Tangerang regency was not questioned nor objected on the voter list specified in the DPT, according to the arguments of the petition the Court a quo is not unreasonable under the law," said the judge constitution.
Furthermore, the Petitioner that the Respondent intentionally increase the number of voters registered in the DPT in a way that includes the name of fictitious voters not there got form C-6 that occurred in District 5, the Court reasoned argument was not legal. Based on the evidence of the Petitioner a quo, the Court did not find any evidence of the existence of fictitious voters, double voters, and the addition of sound as argued by the Applicant.
"If it had really happened the addition of noise in the TPS 14 Kampung Besar, it is not significant to change the ranking of Petitioner vote because according to witnesses only happened two additional votes," said the judge constitution. (Lulu Anjarsari / mh)
Wednesday, January 16, 2013 | 09:08 WIB 147