The Constitutional Court (MK) rejected two pleas in Lumajang Election Dispute Case filed by Ali Mudhori-Samsul Hadi and Agus Wicaksono-Adnan Syarif on Monday (8/7). At the conclusion of the verdict was read directly by the Chief Justice M. Akil Mochtar, the Court declared the arguments of the applicant are not proven and no legal grounds.
"Conclusion. Based on the assessment of the facts and law as described above, the Court concludes that the Court has the authority to hear the petition a quo, the Petitioners have legal status (legal standing) to apply for a quo, the Application filed within the prescribed time, Exception Related Party unwarranted according to law, Principal Petition no legal grounds," said Akil reading the conclusion court judgment.
Court concluded that because after the Court carefully examines the evidence submitted by the parties, there is a fact of law that Petitioner’s witnesses were not consistent between the witnesses with another witness. For example, the Petitioner’s witnesses named Umi Kulsum often inconsistent. He said the calculation of the difference between the votes of the witnesses to the applicant at the polling stations in the recapitulation of vote counting the CO level difference of 182 votes. However, on the other side of the Petitioner’s witnesses testified that there is a sound difference between the calculation of Petitioner’s witnesses and recapitulation at PPK.
Meanwhile Agus Wicaksono-Adnan Syarif petition in his legal opinion the Court considers that the Petitioner’s argument about the existence of the violations that is structured, systematic, and massive and cannot be proven by convincing evidence. Violations are also not proven to have significantly influenced their vote to exceed the Related Parties of the vote (Syahrazad Masdar-As’at). Because the Court concludes that the arguments has no legal grounds.
"The verdict, hearing, stated. In the Exception, Related Party refused exception. In the Principal Application, rejected the petition in its entirety," said Akil. (Yusti Nurul Agustin / mh)
Monday, July 08, 2013 | 18:41 WIB 69