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Couple regent and deputy regent candidate of Pamekasan number 3, Achmad Syafii-Halil (Asri) as Related Party in the case of dispute pf General Election results pf Pamekasan 2013, in the exception stated the petition filed by Kholilurrahman- Mohammad Masduki (Kompak) is almost entirely describes multiple names of vice regent. Double name is the name of Khalil Asyari and Halil owned by vice regent candidates’ number 3.

The problem is, says Syafii acting as legal counsel couple of Asri has been decided by the District Court (PN) Class 1B Pamekasan 191/Pdt.P/2012/PN.Pks Number Date 1 November 2012. This ruling basically stated that Halil also has another name, it is Muhammad Khalil Asyari. "The establishment of this court is inkracht, legally binding, so it must be respected," Syafii proposed.

In addition, continued Syafii, double names Khalil Asyari and Halil been decided by Election Organizer Honorary Board (DKPP) Number 30/DKPP-PKE-I/2012 dated December 6, 2012. DKPP in one legal considerations stated that the determination of the class 1B PN Pamekasan mentioned above, it is legally binding.

Therefore, according to Syafii, objectum litis (object case) requested by Kholilurrahman-Mohammad Masduki (Compact) does not qualify the petition disputes the results of the General Election. Thus, according to Syafii, the Court does not have the authority to investigate. "According to the Related Parties, the Court has no authority to investigate the case a quo."

Syafii delivers on trial before the Constitutional Court Panel M. Akil Mochtar (Panel Chair), Hamdan Zoelva and Muhammad Alim, Wednesday (01/30/2013) afternoon held at Plenary Room lt. 2 buildings of the Constitutional Court (MK). The trial for the case number 6/PHPU.D-XI/2013 presented by Kompak listens to Related Party and the experts.

In the second trial, Kompak presented two experts, namely Irmanputra Sidin and Yusril Ihza Mahendra. Irmanputra describes violations structured, systematic and massive (TSM), which had expressed several times in the trial in the Court. Irmanputra also explained the edict DKPP.

According to him, DKPP Notices cannot be legal basis for the decision to change the election organizers. "At a certain extent there may be an extraordinary event, it could be, but not necessarily be used as a legal basis," he explained.

Meanwhile, Yusril Ihza Mahendra explains about the identity or name of clarity inherent in a person, when concerned exercising their rights and obligations as citizens, in this case ran for vice-regent or regents. Article 26 UUD 1945 contains norms concerning anyone who is a citizen of Indonesia. "Citizens as stipulated by Article 26 UUD 1945 it is individuals or those individuals who are required to have an identity, such as name, place and date of birth, name of parents, etc. all of which can be verified by a birth certificate or most not a birth certificate issued by the competent authority," said Yusril.

According to Yusril, the name of the birth certificate is very important to publish various documents residence or citizenship documents, such as identity cards, passports. Since the provisions on the birth certificate are only valid for the first group of East European and Foreign, it is in fact many native Indonesian who was born without ever taking care of the birth certificate.

Referring ID

The identity of a person, said Yusril, most easily recognized of the population identification cards. Thus, if one is required to fill a variety of forms, including registration forms as Election candidate, the name listed on the form must be the same as the name on the ID card, and be should be as well as the other documents referred to Act 23 of 2006 on Population Administration.

Therefore, when someone fills a nomination form or vice-regent regent under the name of Halil, while the population identification cards using the name of Muhammad Khalil Asyari, it is legally a man named Halil is different from a man named Muhammad Khalil Asyari.

As such, if duplicate names Halil and Khalil Muhammad Asyari are named for the same person, then the question must complete identity in all its civil documents through an application to the court setting. "After the establishment of two name changes or adjustments to the same person, then the population administration officials are obliged to make changes or provide a note on behalf of the relevant change in the residence documents," said Yusril. (Nur Rosihin Ana / mh)

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