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Constitutional law expert at Gadjah Mada University, Fajrul Falaakh said the ruling of Honorary Board Election (DKPP) No. 83 and No. 84 instead of just dropping the whole suspension to Tangerang City Election Commission’s Commissioner and just ordered the election held in Tangerang, Banten. More than that, DKPP also named two new participants in Tangerang Election.

"This is the danger of democracy, but it also contains moral hazard that is protected by state power distribution to state agencies. It is a constitutional moral conduct, is also regulated by legislation. Should also be maintained by self restrain morality by claiming to uphold the institution code of ethics and morality. In this case the Honorary Board Election," said Fajrul Falaakh, Petitioner expert in Tangerang Election Dispute in a trial in the Constitutional Court ( MK) , Monday ( 23/9 ) afternoon .

Next, Fajrul explained the objectum litis of election disputes ‘phrase’ clause in Article 24J (1) of the 1945 Constitution. "To my knowledge, the object of the dispute is determined by the meaning of Election and and election disputes on the meaning of Article 24J Paragraph (1) and the corresponding principle of ‘free and fair’ in Section 22E of the 1945 Constitution," said Fajrul.

Told Fajrul, meaning disputes about election results are determined by the 1945 Constitution, the law, and the decision of the Court. General Election included in the scope of Article 24J Paragraph (1) of the 1945 Constitution and the Constitutional Court so competence. While the dispute about the meaning of the election results in Section 24J Paragraph (1) is not found in the 1945 Constitution.

"That the Court has authority to rule on cases of violation of the principles of elections and the General Election set out in the 1945 Constitution and Law 32/2004. In my opinion, there is one more thing. Factors that influence the occurrence of election disputes should always be examined by a court of law in accordance events. Especially about the rules of evidence," said Fajrul in front of the judges, led by Judge Hamdan Zoelva.

DKPP Beyond Justice

Beside Fajrul Falaakh, there were also applicant experts, Himawan Estu Bagijo as Chairman of the Teachers Association of Constitutional Law and Administrative Law in East Java. He explained if the actions of state institutions, in this case the organizers of the elections, either the Commission or DKPP perceived have adverse rights of citizens in the election process filed a lawsuit to request a correction to the Constitutional Court.

Himawan described in Law 15/2011 on the General Election set attendance DKPP institutions. In Article 1 paragraph 22 stated, "Election Honorary Board Council is the institution in charge of dealing with breaches of the code of conduct of election and is the unity function election."

"Thus, DKPP is the agency in charge of handling cases of election code of conduct and is an integral function of elections. Based on the conception of institutional, DKPP not judiciary and legislature, but as part of a general election which was given a special task preserves morality or ethics violations organizers elections," added him.

Meanwhile, former constitutional judge who was also present as an applicant expert, HAS Natabaya, conveying Article 5 of Law 32/2004 states that candidates for the head and deputy head of the region is the citizen of the Republic of Indonesia, which meets the requirements of physical and spiritual health based on the results of a thorough examination of the team physician. 

"While in Tangerang City Election 2013, the Commission set couple no. 4 in the name of Ahmad Maru Kodri and Gatot Suprianto without going through medical tests of IDI," said Natabaya. (Nano Tresna Arfana / mh)

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