Constitutional Court eventually rejected the case of Banjar Election Dispute 2013 for all of it. "Decision to reject the application in full," so read the Plenary Session Chairman M. Akil Mochtar, who was accompanied by other constitutional judges pronouncing the verdict in the trial Court on Wednesday (25/9) afternoon. Arguments of the petition filed by Ijun Judasah - Mochammad Shoddiq is not legally proven in court.

Petitioner in Case No. 108/PHPU.D-XI/2013 postulated parcel distribution and the sum of 50 thousand with stickers illustrated Banjar Mayor and his wife who is a Related Party in the Socialization of Administrative Capacity RT / RW on August 1, 2013. However, the Commission Banjar as the Respondent stated to the reading of the Minutes of recapitulation Vote Count , Respondent never get complaints, objections, or recommendations related institution in respect of sanction of the incident.

While Related Party stated in its response, the event is not an event organized by his party or his campaign team, but routine Banjar City Government to undertake the development and improvement of security in respect of the rampant anticipation motorcycle gang and has nothing to do with the Banjar Election Year 2013. There is no any message from Mayor Banjar campaigns that are profitable or Related Parties.

The court stated did not receive sufficient evidence so that the Court cannot believe the direct relationship of these activities to the Banjar Election Year 2013. Thus the Court also cannot believe that such activities are structured Mayor efforts to support his wife who is a Related Party. "If it had the event was a fundraising event or campaign to support the distribution of gifts , money and sticker, there is no strong and convincing evidence that the apparatus RT / RW are invited to cast their support and Related Party , as no evidence of follow-up activities by RT or RW associated with the electorate," said the judge constitution.

Petitioner also argues that the campaign beyond the scheduled study visits family in the event the Association of Teachers and Education Personnel Early Childhood Indonesia (Himpaudi) Banjar, which involved 633 people on 20-21 March 2013 to Yogyakarta. Related party states in response, argued by the Petitioner incident occurred on 20-21 March 2013, long before the General Election took place.

At that time, there has not been any declaration would be candidates, no registration would be candidates, and there has been no determination of the candidate. In the comparative study shows that Ade Sukaesih as Related Party, was also not present and there is no element of the campaign in the event.

Court judged Petitioner’s argument is not directly related to the vote of each candidate. In addition, if the activity was intended to provide support for the Related Parties even though there is no formal nomination, the number of people who participated in the study are not significantly change the position of the Related Parties and the applicant given the difference in sound acquisition and Related Party Applicant is 67.455 votes. Thus, Petitioner’s argument is not unreasonable under the law.

"That the arguments, evidence, and other witnesses regarding possible violations of administrative and criminal court judge, it is just such alleged violations sporadic alone, did not show a violation that is structured, systematic, and massive, which affects the ranking of votes each candidate, so it should be declared legal ground . Nevertheless, for the crimes occurred, it can be processed under applicable law," said the judge.

As known, the Petitioners are Ijun Judasah and Mochammad Shoddiq as candidate number 2, with legal counsel Wibowo Alamsyah and Andi Agus Salim. Related parties are Ade Uu Sukaesih and Darmadji Prawirasetia as candidate number 4, while the Respondent is Banjar City Election Commission. ( Nano Tresna Arfana / mh )