Quick Count Announcements Restrictions against 1945 Constitution
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The Constitutional Court ( MK ) granted the petition to review Election Law of Parliament filed by the Company providers count quickly ( quick count ) election within the Association of Indonesian Public Opinion Survey . " Court’s authority to hear the petition a quo . The applicant has a legal status ( legal standing ) to apply for a quo . Petition of the applicant legal grounds , "said Hamdan Zoelva read Case Decision conclusion 24/PUU-XII/2014 , Thursday ( 03/04/2014 ) .

Article 247 of Law states , community participation in the form of socialization Election , Politics for voter education , survey or poll of election , as well as a quick count of election results shall be subject to the provisions of the Commission . Furthermore , the announcement of the results of a survey or poll on Election prohibited the quiet period . Announcement of election forecasts quick count results should only be made ​​at least two (2 ) hours after the completion of voting in the western part of Indonesia . Violation of this provision is a criminal offense Election . The Law and Article 291 paragraph 317 ( 1 ) and paragraph ( 2 ) of the tested also threatens criminal penalties confinement / imprisonment and fines .

Court argued , section tested by the Applicant , namely Article 247 paragraph ( 2 ) , subsection ( 5 ) , (6 ) and Article 291 and Article 317 paragraph ( 1 ) and paragraph ( 2 ) of the disputed prohibition Pileg survey or poll announcement opinion on calm days , the announcement of the quick count some time after the ballot and the application of the crime of election with specific threats to the violation of such provision . Indirectly, these articles though not exactly the same wording with Article 245 paragraph ( 2 ) , paragraph ( 3 ) , and paragraph ( 5 ) , Article 282 and 307 of Law number 10/2008 ( last election law ) , been decided by the Court in March 2009 . The provisions of Article 245 paragraph ( 2 ) , paragraph ( 3 ) , and paragraph ( 5 ) , Article 282 and 307 of Law 10/2008 , the Court in Decision 9/PUU-VII/2009 number , dated March 30, 2009 , has been declared contrary the 1945 and do not have binding legal force .

On the basis of the foregoing considerations , the consideration of Decision Number 9/PUU-VII/2009 , dated March 30, 2009 mutatis mutandis apply to this solicitation . " In addition to the foregoing considerations , the Court should affirm that the objectivity of the agency that conducted the survey and counting fast ( quick count ) must be independent and not intended to benefit or favor one electoral participants . So the pollsters that the announced results of the survey and a quick count must remain responsible both scientifically and legally , "said Judge Maria Farida Indrati . (Panji Erawan / mh )


Thursday, April 03, 2014 | 19:43 WIB 78