Court Rejects Banjarnegara District Election Dispute

Application of Dispute over Regional Head Election of Banjarnegara Regency, Central Java, the proposed pair Budhi Sarwono-Kusuma Winahyu Diah AT, rejected the Constitutional Court (MK). "Rejecting the petition in its entirety," said Chairman of the Plenary Assembly of the Constitutional Court, Moh. Mahfud MD. The agenda of the plenary session is reading the verdict on Tuesday (8/23/2011) on l 2 plenum chamber of the Constitutional Court building.

Budhi Sarwono-Kusuma Winahyu Diah A.T. a pair of candidates Regent / Vice Regent Banjarnegara Year 2011 with serial number 2. Couples who depart from the path of individual (independent) is occupying the second place votes, under the acquisition-mate Sutedjo Slamet Utomo-Hadi Supeno.

Following the vote Banjarnegara district level for each candidate based on the recapitulation of votes assigned Banjarnegara District Election Commission (KPU) Banjarnegara District: Pair Syamsudin -Toto Hardono (number 1) to obtain 105,313, the Budhi Sarwono-Kusuma Winahyu Diah AT (Numbered 2) 170 076 votes, the couple M. Yusrie, M. Najib (numbered 3) 23 007 votes, and the last couple Sutedjo Slamet Utomo-Hadi Supeno (numbered 4) 199 065 votes.

Pair Budhi Sarwono-Kusuma Winahyu Diah AT filed an objection to the Court against such recapitulation. The couple argues, established the Commission Banjarnegara recapitulation generated from the process that is not true, because it marked a number of offenses involving fraud and election organizers, the bureaucracy, the head of the village, and village. Fraud and abuse, according to Budhi Sarwono-Kusuma Winahyu Diah AT, made before, during and after implementation of the ballot on July 24, 2011.

Budhi Sarwono-Kusuma Winahyu Diah AT claims to get 310,791 votes. This acquisition is based on the amount of support by name by address set forth in the form of book support which is taken from real data collection District Coordinator (Korcam) and Coordinator of the Village (Kordes) and Coordinator of polling stations, spread across 20 districts.

After looking at the evidence presented by the parties, according to the Court, its rightful share of the vote in the general election is when voters actually vote. Meanwhile, support to independent candidates who have not legitimately use their voting rights, can not be the basis of vote of Budhi Sarwono-Kusuma Winahyu Diah AT.

As for the number of fraud and breach-as argued by Budhi Sarwono-Kusuma Winahyu Diah AT, the Court argued, did not prove to be a structured, systematic, and massive that significantly affect the vote Budhi Sarwono-Kusuma Winahyu Diah AT that exceeds the vote-pair Sutedjo Slamet Utomo-Hadi Supeno. Therefore, according to the Court, the argument was not proven according to law. (Nur Rosihin Ana / mh/Yazid.tr)

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Chief of Resort Police of Pati Presented Election Process’ Security

Dispute over Regional Head Election of District Pati entered the stage to hear witness testimony in the hearing of the Constitutional Court (MK), Thursday (08/11/2011) afternoon. On the front panel of the Constitutional Court chaired by Achmad Sodiki and accompanied by Panel Members Ahmad Fadlil Sumadi and Harjono, Chief of Police describe the process of securing Election Pati based on operations Mina Tani Tata Praja.

Police fielded 489 personnel to secure for each phase of the General Election. "Until now, the implementation process of the elections conducted by the police in a safe state," said Chief of Police. Nevertheless, he continued, the institute received four reports of counterfeit stamp Election complaint, unpleasant acts, abuse of academic titles and the last of destruction in the district Wedarijaksa.

Police also denied the existence of the KPU office siege Starch as a description of Thunder, the witness spouse Imam Suroso-Sujoko (Applicant case Number 82/PHPU.D-IX/2011). "No one besieged Commission office. This means that we sterilize the KPU office in order to avoid intervention so that the Commission has the independence, "he explained.

Further Members of the Panel Harjono confronts police chief information with the description of Thunder. According to Guntur, on May 19, the Election Commission Office located in the complex Stadium Joyokusumo, thousands of supporters surrounded the couple Sunarwi-Tejo Pramono. "On 19, at 18:30 we were willing to hand over the files necessary administrative candidates," said Thunder. Guntur also explains the existence of noise and deprivation brought about by Sujoko file in the Office of the Commission Pati.

Harjono again asked Police Chief Starch-related action the Commission Office Starch siege by thousands of supporters Sunarwi-Tejo. "If thousands, Your Honor, baseball possible," said Police Chief Starch that time of the incident claimed to be the KPU Starch. "If it is not possible, you see a lot of baseball there mass?" said Harjono. "There’s masses, but more police, your honor," said Police Chief of Pati.

The judge panel also provides the opportunity for prospective vice-regent Sujoko communicated. According to Sujoko, on May 11, after a complete nomination file, search for Chairman of DPC PDIP Sujoko, Sunarwi, and Secretary of the DPC PDIP. However, Sunarwi continue to dodge the grounds were away pilgrimage. "I continue to be avoided, Mr. Narwi went outside," said Sujoko. Then, he continued, the morning of May 17, Sujoko neighbor went to the house, Endro Jatmiko who are members of the Commission to ask for an explanation exposures Starch authority to enter a file that can only be done by the Chairman and the Secretary of DPC PDIP Starch. "I came not ask for an explanation why this should be the chairman and the secretary to enter a file? Wong I was vice-chairman, "he explained. The news he can from his wife stating Endro Endro had gone to the KPU. "Why is a red date to the Commission why?" Sujoko joked.

Authority Chairman and the Secretary of DPC

Meanwhile, KPU chairman Pati Nursastro Salomo in his reply stated, on May 17, the Commission received a replacement pair of Sunarwi carried by PDIP, which initially brought the couple Imam Suroso-Sujoko, change into the pair of Sunarwi-Tejo.

"Is it enough that the recommendations of the DPC alone, or should the DPP, according to who you know," asked the Panel Members Ahmad Fadlil Sumadi. "No recommendation, Your Honor. The one candidate replacement letter of submission, "said Nursastro. In addition, the added Nursastro, the recommendation is not required under the rule of law.

Strengthening the Commission answers Pati, Central Java Provincial Election Commission declared, authorized repair, equip, or propose a new candidate pair are leaders of political parties. The definition of political party leaders according to regulations of Article 59 paragraph (1) letter a mention, leaders of political parties is the chairman and secretary of the political party nomination at the local level. "So who has the right to nominate, including repairing and propose a new candidate pair is the chairman and secretary of the DPC of each political party," explained the Commission of Central Java.

Then associated with the recommendation, he added, there is not one article was in the laws and regulations the Commission stated that the recommendation is a requirement that must be submitted to the KPU. "So there is a recommendation or no recommendation that a political party’s internal problem," said the Election Commission of Central Java. (Nur Rosihin Ana / mh/Yazid.tr)

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Pati Election Commission Denied disqualifying PDIP Candidate

Disputes Election Results of the Regional Head Election of Pati regency, Central Java, was held again in the trial in the Constitutional Court (MK), Tuesday (08/09/2011). Hearings conducted by the Panel of Judges chaired by Achmad Sodiki, accompanied by Ahmad Fadil Sumadi and Harjono, scheduled to hear the answer to the Respondent of the General Elections Commission (KPU) of Pati District, heard the testimonies of the Related Party, and Evidence.

Responding to the request Slamet Warsito-Srimulyani (Applicant case Number 81/PHPU.D-IX/2011), Pati Commission through its legal counsel, Umar Ma’ruf in his exception plead obscure (obscuur libel). "In the petition, the Petitioner does not refer to problems associated with its pure PHPU. Postulated is related to the violations that are structural problems, systematic, and massive, "said Umar.

Umar also break proposition of Slamet Warsito-Srimulyani petition on the issue of the minutes of the recapitulation of the results of Election. Starch Commission has done his duty is to give a recap of the minutes of the five pairs of candidates who attended. "Petitioner is present at the recapitulation, but then not finished already out. So of course we can not provide. Then we came to the witness stand than the Applicant. Applicants and witnesses are not willing to accept the minutes of this recapitulation, "added Omar.

In addition, the Commission also denied the argument of Slamet- Warsito-Srimulyani quick count conducted on KPU Pati. "What we do is temporary calculations. And while we do the calculation for 83% of polling stations, instead of 100%, "said Umar.

Then, issues related to polling stations in the yard the village chief, Omar explains the absence of prohibition in this regard. "The existing prohibition as PKPU No. 72 of 2009 is a place of worship, including the pages is not justifiable to use as polling stations," said Umar. Starch Commission also confirmed not aware of any mobilization of civil servants and the use of State facilities. He said he pleaded not get clarification from Election Supervisory Committee of Pati.

Internal problems of PDIP

In the same occasion the Commission of Pati also want to respond to the request of Imam Suroso-Sujoko (Applicant case Number 82/PHPU.D-IX/2011). KPU Pati insisted was never going to make a disqualification or abort candidates Imam Suroso-Sujoko. Commission recognizes the Imam Suroso-Sujoko is going to candidates who have proposed and registered by the DPC PDIP Starch at the time of registration dated May 5, 2011.

Then by the DPC PDIP during repair, replacement with new candidates filed. This new replacement candidates in accordance with the provisions of Article 60 paragraph (3) of Law Number 12 Year 2008. "So it must be understood PDI-P is an internal issue, not a question of the relationship between the Petitioner and the Regency of Pati," said Umar.

Next Umar Ma’ruf, attorney KPU Pati detailed their verification stage chronology of Imam Suroso-Sujoko pair. On May 11, 2011, Umar said, there are messengers from the candidate pairs will be present to the Commission, which will complete the files. "But because it is not on time, then we can not accept," said Umar.

"Because the present is the Chairman and Secretary of the DPC PDIP Pati District then that we received the replacement candidate, and this also in the framework of the precautionary principle we consulted the Central Election Commission, and the Central Election Commission declared, meet the provisions in this law , so we implement this, "said Umar. (Nur Rosihin Ana / mh/Yazid.tr)

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Divorce Terms Potential Abused

Jucicial review the constitutionality of the material Act 1 / 1974 on Marriage filed Agustina Halimah binti Abdullah Kamil, re-tried in the Constitutional Court (MK), Tuesday (09/08/2011). The trial for case No. 38/PUU-IX/2011 heard expert testimony.

In the presence of nine Constitutional Court Justices headed by Moh. Mahfud MD, the power of the Government, H. Sincerely declares, in the language of religious marriage is called mitsâqan ghalîzhan is a strong agreement, to justify the unlawful and makes worship. Marriage is intended to establish a family life is eternal, whole, harmonious, happy, and prosperous. And is a form of servitude to Allah SWT.

"For that, the marriage is necessary to mutual understanding, understanding, awareness to build a family that sakinah, mawaddah, wa Rahmah," Sincere said the Government read the written statement.

Last road

Marriage Law, in case the arrangement of a marriage breakup, according to the government, has given signs that sufficient to provide a way out for the husband and wife if they are not able to maintain a harmonious household. Article 39 paragraph (1) Marriage Law which states, "Divorce can only be done in front of the courtroom after a court in question tried and failed to reconcile the two sides."

"This provision suggests that divorce is a last resort that should be taken if both parties can not maintain the integrity of the household," said Sincere.

According to the Government, divorce cases that occurred between the Applicant (Halimah bint Abdullah Agustina Kamil) with her husband (HM Soeharto’s son Bambang Trihatmodjo) is related to the implementation of law enforcement practices undertaken by law enforcement, in this case to the Court of Justice and Religious Affairs is not an issue of constitutionality provisions petitioned for review them.

Based on the explanation, the Government asked the Court to reject the petition Halimah. "Rejecting the petition entirely," pleaded Sincere.

Potential Abused

On the same occasion, Halimah who represented his legal counsel, Chairunnisa Jafizham and Laica Marzuki, presented three experts, namely Bismar Siregar, Marzuki Darusman, and Makarim Wibisono. Bismar Siregar, said in his statement, the divorce between the Halimah Bambang Tri Suharto after a few tens of years they foster domestic life, raising questions. Because the petition Cassation Bambang examined and tried by the Supreme Court Judge who stated that the relationship between the Halimah Bambang incompatible with the harmony. Therefore, Bambang has the right to drop the divorce.

Meanwhile, Marzuki Darusman said, the explanation of Article 39 paragraph (2) f of Marriage Act has the potential to be abused. "The problem that may arise among them, is primarily a result of the wrongdoing of the parties, in general, men in relationships with third parties that can not be accepted by the other party, usually the woman. In practice, the situation is what led to the elucidation of Article 39 paragraph (2) f of more harmful to women and lead to women’s rights as human rights become vulnerable, "said Marzuki.

In line with Marzuki, experts Makarim Wibisono applicant states, the explanation of Article 39 paragraph (2) f is detrimental to women and wives for not giving justice to him and reflects the lack of equal rights for women with the rights of husbands and wives. The husband can easily divorce his wife by reason of continuous disputes and quarrels.

"Because that provision did not request or require clarification of who causes, who the trigger, or what was to become prime clauses. This is unfair, anyone women or wives who build the basis of noble households, derived from a sense of love and affection will not be able to receive if her husband’s affair and had an affair with another woman (WIL), "said Makarim . (Nur Rosihin Ana / mh/Yazid.tr)

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Slamet -Srimulyani and Imam-Sujoko Asked for the General Election of Pati Regency to be Repeated

Regional Head Election of Pati regency, Central Java, which was held on July 24/2011 and then, leaving a cross dispute. One of the six candidates who competed in the General Election Starch and one pair of prospective candidates who did not pass the verification appealed to the Constitutional Court (MK) because it is not satisfied with the Election Starch. Both the candidates Slamet Warsito-Srimulyani and prospective partner Imam Suroso-Sujoko.
Responding to request a second pair of this pair, the Court held a session of the General Election dispute Starch, on Monday (08/08/2011). Preliminary hearing was conducted by a Panel consisting of Harjono as Chairman of the Panel, accompanied by the Member Panel and Anwar Usman Ahmad Fadlil.
Nazrul Ichsan Nasution, the attorney Slamet Warsito-Srimulyani (case Number 81/PHPU.D-IX/2011 Applicant) before the Constitutional Court Panel Respondent expressed an objection to the General Elections Commission (KPU) Pati District has issued a determination that the prospective partner and vice-regent Regent Election Second Round participants.
Pati Commission considers unprofessional carry out their duties because they do not obey the principle of the General Election. "We as a candidate, never given either in the form of any decision," said Nazrul. For example, Nazrul said, his sides never know the contents of the form DB. "Then the decision of the serial number, designation candidates are never at all we received," he added.
In addition, Nazrul also expose a number of arguments violations. Include a polling station in the village chief’s house, the practice of money politics, the mobilization of government officers and honorary workers, as well as the use of state facilities.
Therefore, in the main petition (petition), pair Slamet Warsito-Srimulyani asked the Court to cancel the Minutes of the Commission Starch Number 45/BA/KPU/VIII/2011 dated July 26, 2011 about General Election Vote Count Summary Results Starch. Then declare the Commission Decision on the establishment candidate Starch participants Election Second Round Starch is illegal and null and void. Slamet Warsito-Srimulyani also asked the Court ordered the Election Commission to disqualify the couple Sunarwi-Tejo Pramono and partner Haryanto-Budiono and implement re-polling in the entire region Pati regency.

Claims Recommended by PDIP
The applicant couples Imam Suroso-Sujoko (Applicant case Number 82/PHPU.D-IX/2011) through its legal counsel, arteria Dahlan asserted the recommendation of the DPP PDIP as the bearer party partner Imam Suroso-Sujoko. "The recommendation was apparently addressed to Imam Suroso and Sujoko by the Democratic Party of Struggle," said artery at the beginning of his statement.
Arteria said Sunarwi who was still chairman of DPC PDIP Pati, joint secretary of DPC PDIP Starch, Irianto, and Vice Chairman of the DPD PDIP, register pair pair Imam Suroso-Sujoko to KPU Pati. At once, Sunarwi expressed support to the Imam Suroso-Sujoko.
However, the decision of the Commission set a candidate carried by PDIP is Sunarwi-Tejo Pramono. "Apparently, your Majesty, it published Decree 40 which states, Imam Suroso should not take part, the one to take part is Narwi," continued Arteria.
"So, then who later participated in the General Election on behalf of the PDI-P" asked the Chairman of the Panel Harjono. "Sunarwi is the one on behalf of Democratic Party of Struggle," replied Arteria.
In the main petition, pair Imam Suroso-Sujoko asked the Court to cancel the determination of Pati Election Candidate’s spouse. Then, disqualify Sunarwi-Tejo Pramono and declared Imam Suroso-Sujoko as a couple candidates for the General Election of Pati. Lastly, petitioner asked the Court ordered the Election Commission to hold a reelection. (Nur Rosihin Ana/Yazid.tr)

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