The petition of Governor and Vice Governor Candidates of West Java No 5, Rieke Diah Pitaloka - Teten Masduki entirely rejected by the Constitutional Court (MK). The verdict was read directly by Deputy Chief Justice Ahmad Sodiki in Court Plenary Room, 2nd floor, Monday (1/4). Court rejected all arguments of the petition because the petition has not been proven according to law.

"The Verdict: Passing, states, the Reject exception both Respondent and Related Parties. In the Basic Case, Refused petition for all," said Achmad Sodiki when reading the verdict the Supreme Court outcome Consultative Meeting (RPH) by nine constitutional judges.

Sodiki accompanied by seven other constitutional judges, except Moh. Mahfud MD, also read the Court’s conclusion verdict. Conclusion the Court in its decision stated arguments petition has not been proven according to law even if Petitioners have legal standing to file the petition and the petition was filed within the prescribed deadlines.

Petitioner argues that there has been a previous offense of the number of people who cannot use their voting rights because it is not listed in Voter List (DPT), do not get voter cards, and the arrival of voter cards or invitations. Moreover, represented Petitioner attorney, Arteria Dahlan also argued there was no round in the Hospital TPS or factories in almost all districts / cities in West Java Province, the double bubble DPT and DPT for carrying voters who had died, the money politics performed by the pair potential winners, and a copy of the Form C-6 without a signature KPPS circulating freely and used to select.

Against the arguments of the petition, the Court expressed opinion. Judge Hamdan Zoelva Court reads directly related to the Petitioners’ argument that states there is a difference in the number of voters listed in the DPT and DPT Elections Governor Election Regent / Mayor as also acknowledged by the Respondent. Against these arguments the Court stated, as read by Hamdan, Petitioner did not submit evidence to convince the Court that the difference DPT was done intentionally by the Election Commission of West Java Province.

"But the applicant did not submit evidence to convince the Court that the difference DPT was deliberately created by the Petitioner and the Respondent to the detriment of other candidates favorable, particularly the Related Parties," said Hamdan read the opinion of the Court in a hearing attended by both the principal applicant, namely Rieke Diah Pitaloka and Teten Masduki.

Not Convincing

The Court found that most of the written evidence relating some of the arguments presented by the Petitioners petition is not accompanied by physical evidence. The arguments referred to, among others, about the manipulation of voters, the manipulation of the results of counting of votes, either in the form of inflation and reduction of the number of votes a candidate, and the DPT outnumber voters at polling stations. Although Petitioners include deed affidavit (letter written statement made under oath and witnessed by a notary public, red) but not with other evidence that the Court cannot are convinced that the events that argued by the Petitioner is done in a structured, systematic and massive which in turn can affect ranking of the vote of each pair of candidates, especially between Petitioner and the Related Parties.

Other Petitioner also declared not proven according to law by the Court that the Petitioner linked smear campaign conducted Related Parties (Ahmad Heryawan-Dedi Mizwar) against Petitioner. Against Petitioners’ argument, the Court found the argument cannot be proved who create and perform smear campaign intended. The Court also stated the proposition associated smear campaign is not the authority of the court to try him.

The decision of the Constitutional Court thus reinforcing the victory of Ahmad Heryawan and Deddy Mizwar as elected candidate of governor and deputy governor 2013-2018 period. (Yusti Nurul Agustin / mh)