The Constitutional Court (MK) passed Candidate Number 3 of Kapuas Election on behalf of Muhammad Mawardi-Herson Barthel Aden gained 7587 votes. Similarly, the number 94/PHPU.DX/2012 decision was read by Chief Justice of the Constitutional Court, Moh. Mahfud MD on Tuesday (26/3).
"Candidate Number 1 in the name of Ben Brahim S. Bahat-Muhajirin to obtain 6029votes. Candidate Number 2 on behalf of Surya Dharma-Taufiqurrahman gained 432 votes," he said at the plenary room.
In a judgment read by Justice Ahmad Fadlil Sumadi, after looking at a report on the implementation of the repeat voting Kapuas Election Year 2012 in five villages and one village from the parties mentioned above, the Court considers that the voting has been re-implemented smoothly. Although, further Fadlil, there are few reports of violations of the General Election and the objections of the Related Party that is the intimidation, money politics and election organizer’s neutrality.
"Even if there are violations that occurred in the implementation of the Ballot Repeat as argued by the Related Parties in the objection, the violations were not proven to be structured, massive and systematic and in particular have proven the significance of the voting results between the Applicant and Related Party on the ballot again," he said.
Fadlil continued because there was no evidence of violations that significantly affect the implementation of the Ballot Repeat and affect the outcome of the acquisition of the candidates in the repeat voting at all polling stations in the Anjir West Mambulau Village, Anjir East Mambulau Village, Naning Village, New Middle Tamban Village, Sei Teras Village and Strait Hulu Village in Kapuas General Election in 2012, the objection Related Party unwarranted by law.
"According to the Court Voting Birthday in five villages and one village in Kapuas Election Year 2012 dated January 23, 2013 has been implemented in accordance with the Decision of the Respondent (interrupted) Number 94/PHPU.DX/2012 Court dated December 14, 2012 and in accordance with legislation ," said Fadlil read the verdict petition filed by Ben Brahim S. Bahat-Muhajirin.
Declined Surya Dharma-Taufiqqurahman
Meanwhile, the petition filed by the Candidate Number 2 on behalf of Surya Dharma-Taufiqurrahman rejected by the Court to all. Court considered Petitioner cannot prove the arguments and legal grounds his request. Petitioners argue in the General Election in 2012 Kapuas many administrative violations and criminal offenses, the politics of money, a black campaign, and more. Court considered that there was no convincing evidence violation
"Therefore, Petitioners’ argument is unproven and unwarranted under the law," said Judge Maria Farida Indrati read Decision Number 95/PHPU.DX/2012. (Lulu Anjarsari / mh)
Tuesday, March 26, 2013 | 22:39 WIB 138