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Test The Material Constitutional Court Number 26 Of 2007

Original Language Title: Uji Materi Mahkamah Konstitusi Nomor 26 Tahun 2007

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tion of the country that is its existence is referred to in the 1945 Constitution and

its authority is not specified explicitly in the 1945 Constitution,

such as the Central Bank;

(iii) the state institutions whose existence is not called explicitly

in the 1945 Constitution, But its existence has what the experts are

experts as the "constitutional importance" as for example the Commission

National Human Rights and the Attorney General that

its existence can be interpreted from the implicit provisions of the Constitution

1945.

3. That further, that the Applicant and the Applicant is included

Another State Institution whose authority is granted by the Act

Base as paragraph 2 Verse (1) the letter g PMK Number

08 /PMK/2006 above, so if the authoring authority

by the applicant is taken, minus, debarred, ignored, and/or

harmed by any other state institution, is the authority

5

Constitutional Court to examine and prosecute as set

in Article 24C paragraph (1) UUD 1945? For that it needs to be noticed

consideration of the Constitutional Court in case Number 004 /SKLN-

IV/2006 as a reference in conducting assessment of the institution

state as it referred to Article 24C Verse (1) UUD 1945, i.e. "then

first of which must be noticed is the authority-

certain authority in the Basic and new Act later

to the institution of what authority it is granted".

4. The authority of the Constitutional Court in accordance with Article 24C Clause

(1) of the 1945 Constitution is not against a state institution called the

written in the Act of Law. The basis, but rather against the authority

is disputed. The Constitutional Court has established that

"In determining the contents and limits of authority that are objectum litis

a dispute over the authority of state institutions, the Court is not only

solely interprets textual sounding of the invite-

The base which gives the authority to the state agency

specific, but also sees the possibility of an authority

implicit that exists in a the principal authority as well as the authority

required (necessary and proper) to perform the authority

that particular subject. Such powers could be

contained in a law. "

5. That Article 18 of the 1945 Constitution, governs the following:

(1) The Union of the Republic of Indonesia is divided over areas

provinces and regions of the province are divided over counties and cities, which

each province, district, and the city has a government

area governed by legislation.

(2) Provincial provincial, county and municipal governments set

and took care of its own affairs of government affairs according to

asas autonomy and enlarging duties.

(3) The government province, county county, and city set

and take care of the administration's own affairs according to the autonomous principle and

the task of the host ".

6

(4) Governor, Regent, and Mayor each as head

provincial government, district, and city are selected

democratic.

(5) Local government runs its autonomy-wide autonomy, unless

Government affairs by legislation are determined to be

Central Government affairs.

(6) Local Government is entitled to establish regional regulations and

rules other regulations to carry out autonomy and tasks

the host.

(7) Susunan and the layout of local governance is set

in the legislation.

6. From the provisions of Article 18 of the Constitution of 1945 above are set up some

office organs that can be referred to as regional organs or agencies

regions that are state institutions that are in the area.

The region ' s Institutions it is:

1) Provincial Regional Government;

2) The Governor as Head of Provincial Regional Government;

3) Provincial Regional People's Representative Council;

4) District Local Government;

5) The Regent as Regional Chief District;

6) District Regional People's Representative Council;

7) Local Government City;

8) Mayor as Regional Chief of the City;

9) The City Regional Representative Council.

7. That in accordance with these provisions above, it is clear the Council

The People's Representative of the Southeast Aceh Regency (applicant II) and Governor

Aceh Province (Terbeg II) is the state institution, and therefore

can be positioned as a disputed party.

8. That in accordance with Article 18B Verse (1) of the Constitution of 1945, it is governed as follows:

"The State recognizes and respects the units of the local government

which is special or special that is governed by the invitation-

invite".

7

9. That the State has placed Aceh as a unit of government

an area that is special and special, and governed under the Act

No. 11 of 2006 on the Government of Aceh [P-1].

10. That in Article 1 of the number 5 Act No. 11 of 2006 on

Aceh Government, set as follows:

"The county/city government is the hosting of affairs

governance implemented by the government The county/city and

The county/city Regional People's Representative Council corresponds to the function

and the authority of each".

11. That in accordance with Section 65 of the Section (1) Act No. 11 of 2006, set

as follows:

"Governor/Deputy Governor, regent/deputy regent and mayor/mayor/deputy mayor

selected in one pair directly by the people every 5 (five)

years through democratic, free, secret and

elections are fair and fair".

12. That to ensure that the regional head of the Aceh Province's environment

to be selected through a democratic process conducted under the principles

direct, general, free, secret, honest, and fair, then in accordance with Article

1 number 12 Act Number 11 of 2006, the existence of the applicant I and

Beg I are set up as follows:

"The next Electoral Independent Commission (KIP) is KIP Aceh

and KIP county/city which is part of the Election Commission

General (KPU) authorized by this Act to

organizes the President/Vice President, member

The dispute over the constitutional authority of the state agency is:

a. House of Representatives (DPR);

b. Regional Representative Council (DPD);

c. The People ' s Consultative Assembly (MPR);

d. President;

e. Financial Inspector Body (BPK);

f. County Government (Pemda); or

g. The institutions of other states whose authority was granted by the Constitution of 1945.

(2) The disputed authority referred to as paragraph

(1) is the authority granted or determined by the 1945 Constitution.

2. That there are 3 (three) groups of state institutions that can be distinguished

as follows:

(i) state institutions that exist referred to in the 1945 Constitution,

such as the Constitutional Court;

(ii) the institu>

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25. That with the other authority required (necessary and

proper) to run the mandate of the constitution, the Regent/Vice Regent

must be selected democratically, as follows:

The applicant II have a constitutional authority that accepts the results

counting the votes of the applicant I and conveying the results

the calculation and also proposing the prospective spouse

Bupati/Vice Regent selected to Terbeg III Please, please.

Please II have the constitutional authority to convey

the proposal of the spouse of the candidates for the Regents is selected from the applicant II which is

result of the recapitulation of the votes set by the applicant I

to Please, III.

Beg III that has the constitutional authority to

appoint and pass the proposed spouse of the Regent/Vice Regent

elected from the applicant II via Terbeg II, where the proposal

corresponds to The recapitulation of the votes performed by

APPLICANT I.

That based on the above description, then it can be obtained by a conclusion

that the parties included in this case are state agencies

that has the authority of the Basic Law of 1945.

C. FACTS:

1. That on December 11, 2006, the election was held

Regional Head (Pilkada) Bupati/Vice Regent of Southeast Aceh Regency

In 2006.

2. That since March 23, 2007 the KIP Southeast Aceh Regency

(applicant I) has started a plenary meeting of the votes of Pilkada

Regent/Vice Regent of Southeast Aceh Regency 2006 based on

on the Home Office Letter Number 131.11/427/SJ dated February 26, 2007

To the Governor regarding the Election Regent/Vice Regent of Aceh Regency

The Southeast that has been run in accordance with the procedure of the invite-

invitation.

3. That in the process of the plenary meeting there has been a change of demonstration action

in the anarchist act carried out by one of the candidates

candidates, so the result of the demonstration has led to

12

delays in the advanced process of the plenary vote of the KIP vote

Southeast Aceh Regency.

4. That delay the completion of the Pilkada phase of Aceh Regency

Southeast there was an excessive intervention from Nanggroe Province's KIP

Aceh Darussalam (Terbeg I) based on a letter addressed

Kapolda Nanggroe Aceh Darussalam Number 597 /KIP/III/2007 dated 25

March 2007 [P-4] which requested to Kapolda NAD to stop

activities counting votes of Pilkada Bupati/Deputy Regent of Aceh Regency

Southeast.

5. That the result of the delay of the final completion of the regent/Deputy

The Regent of Southeast Aceh Regency, Please I have a letter to

The applicant I at its core requested the Pilkada stage immediately

completed, but on the other hand I never revoked

a letter to Kapolda NAD No. 597 /KIP/III/2007.

6. That to address the requested request and the Regency community

Southeast Aceh urgently, then the applicant I extend the letter

to KAPOLRES 108 Aceh Southeast as a holder of the authority

security in order to run The completion of the Pilkada in County

Southeast Aceh, and through the answer to the letter stating the problem

security and not the command of the command at NAD level, and

via the letter Number B/276/IV/2007 addressed to Kapolda NAD

dated 20 April 2007 KAPOLRES 108 Aceh Southeast advises

for the recapitulation process to be held in Banda Aceh.

7. That there is no security guarantee against the applicant I in

running the task, causing the repair and refinement process

the recapitulation is carried out on a continuous way.

8. That on May 14, 2007, the applicant I had carried out the meeting

pleno recapitulation of the results of the vote counting that set

Sdr. H. Armen Desky and Sdr H. M Salim Fakhry as the candidates

Regent/Vice Regent was elected Southeast Aceh Regency in Pilkada Year

2006 with a vote of 31,646 (thirty-one thousand six hundred

forty-six), which Follow up with the issuance of the Letter

Decree Decree I Number 270 /092/V/2007 on the Nomination of the Candidate

Bupati/Vice Regent of Southeast Aceh Selected Pilkada of 2006 [P-5].

13

9. That a plenary meeting of the vote counting has been in accordance with the procedure that

is set in legislation, so that it is on the way

meeting of the plenary vote of the Pilkada Bupati/Deputy Regent of the regency

Southeast Aceh, The applicant I never performed a procedure that

contradictory to the constitution.

10. That in accordance with Article 70 of the Law No. 11 of 2006 concerning

The Aceh Government juncto Section 72 Verse (2) Qanun Aceh Number 7 Year

2006, then the result of the recapitulation of the Election vote of the Regent/Vice

The regency of the regency Southeast Aceh and the Decree of the applicant I concerning

Redemption of the Regent Regent/Vice Regent of Southeast Aceh Elected Pilkada

In 2006, the Sdr. H. Armen Desky and Sdr H. M Salim

Fakhry as a candidate for the Regent/Deputy Regent of the regency

Southeast Aceh was then sent to the Southeast Aceh Southeast Aceh

(applicant II) to be proposed to the Minister of the Interior (Please III)

in order to be obtained by the order of the selected pair of candidates.

11. That based on the results of the recapitulation of the votes submitted

by the Applicant Council of the People's Representative Council of Southeast Aceh

(applicant II) then issued a Letter of the People's Representative Council

Southeast Aceh Regency Number 194 /DPRK-AGRI/2007 dated May 16

2007 on the Confirmation Proposal Of Appointment Of A Candidate candidate

Regent/Vice Regent/Vice Regent of Southeast Aceh Regency period 2007-2012

to the Minister of Home Affairs RI (Terbeg III) [P-6] c.q. Governor of NAD

(Terbeg II), which proposes attestation Spouse appointment

candidate selected Regent/Deputy Regent of Southeast Aceh Regency with

spouse of candidate number selection:

1. H. ARMEN DESKY Bupati Southeastern Aceh Regency Period

Year 2007-2012

2. H.M. SALIM FAKHRY Vice Regent of Southeast Aceh Regency

Period of 2007-2012

12. That against the decision letter I number 270 /092/V/2007

dated 14 May 2007, the candidate No. 4 in the Pilkada Bupati and

The Vice Regent of Southeast Aceh in 2006 was Ir. H. Hasanuddin B, MM.

and Drs. Syamsul Bahri has filed an objection to the applicant I,

which was filed on 16 May 2007 to the Banda High Court

14

Aceh, through the Kutacane State Court with the Perkara register Number

11 /PILKADA/2007PT. BNA [P-7] with amar ruling as follows:

a. In exception: ce election

Regent and Mayor/Vice The mayor is assigned by KIP County/City

through a plenary meeting.

(2) The County/City KIP surrender the Recapitulation results of the counting

votes to the DPRK via a News Event Receive.

(3) The DPRK delivered the results of the selection and its completeness

its administration, while proposing the passage of the appointment

the spouse of the candidate was elected to the Minister of the Interior through the Governor.

declared the inquiry against all members of the and the chairman of the applicant I

conducted by the Southeast Aceh Resort Police based on the Report

The Police Number Pol/P/B/383/XII/2006 is invalid, so with

itself according to the laws of the entire member and the chairman of the applicant I remain lawful

in doing all legal actions related to the process

. VIOLATED CONSTITUTIONAL AUTHORITY

1. That under Article 61 Verse (1) Act No. 24 of 2003 on

The Constitutional Court, stated "The applicant is a state institution

Its authority is granted the Constitution of the Republic of State

Indonesia of 1945 which has a direct interest to

the disputed authority".

2. That in accordance with the Rules of the Constitutional Court No. 08 /PMK/2006, then

The applicants in this regard are the parties who assume

its constitutional authority is taken, reduced, debarred, ignored,

and/or harmed by the Please, while the Suppliers are

are the parties considered to have taken, reduced,

obstructing, ignoring, and/or harming the Applicant.

18

D. 1. THE CONSTITUTIONAL AUTHORITY OF THE APPLICANT I WAS TAKEN OVER BY PLEAS I

1. That as stated above, under Article 18

Verse (4) of the 1945 Constitution is stated, "Governor, Regent, and Mayor as

provincial, county, and city government chiefs were chosen

democratic".

2. That in Article 1 of 12 of the Law No. 11 of 2006 on

Aceh Government, set as follows:

"Next Election Independent Commission (KIP) is KIP

Aceh and KIP district/city which is part of the Commission

General Election (KPU) authorized by the Act

this to host the Presidential/Vice President election,

member of the House of Representatives, member of the House of Representatives

Regions, members of the DPRA/DPRK, Governor/Deputy Governor elections,

bupati/deputy regent, and mayor/deputy mayor".

3. Article 56 Verse (1) Act No. 11 of 2006 on

Aceh Government confirms KIP Aceh (Terbeg I)

organizes the election of the Governor and the Deputy Governor.

4. That Section 56 Verse (2) Act No. 11 of 2006 confirms KIP

District/City (applicant I) organizes the election of the Governor

and the Deputy Governor, the election of the Regent and the Vice Regent, as well

the election of the Mayor and the Deputy Mayor.

5. That in Article 70 of the Law No. 11 of 2006 was stated "Tahapan

attestation and inauguration of the regent/regent and walikota/deputy

The elected mayor includes:

a. handover of election results by KIP county/city to DPRK

and for further forwarded to the Governor;

b. Regent/deputy regent and mayor/deputy mayor are elected

conducted by the Minister of the Interior on behalf of the President;

c. Appointment and appointment of the regents/representatives are regent and

The mayor/deputy mayor is done by the Governor on behalf of

President of the Republic of Indonesia in the presence of the Chief Justice

Syar'iyah at the plenary meeting of the DPRK. "

19

6. That given that Aceh is an area government unit that

is special or special, then the setting in qanun which

is also mandated in Law Number 11 of 2006 on

The Aceh Government is a form of

The constitutional obligations in the implementation of the Aceh Government and

district/city.

7. That Section 73 Act No. 11 of 2006 on Governance

Aceh confirms the holding of the Governor/Vice.

Governor, Regent/Vice Regent, and Mayor/Deputy Mayor

as referred to in Section 66 (step election), 67 and

68 (candidacy), 69 and 70 (authorization and inauguration), 71 and 72

(voter and voter rights) are further set up with qanun with

guidelines on laws.

8. That Section 261 Verse (4) Act No. 11 of 2006, asserts

that the manner of the election of the Governor/Vice Governor, Bupati/Vice

Regent, and the Mayor/Deputy Mayor after this law

promulgled may be guidelines on the laws

to the extent uncontradictory and have not been changed in accordance with

this legislation and other laws.

Next on the explanation of Section 261 Verse (4) is stated .that

that Referred to by law is Qanun

NAD Province Number 2 Year 2004 as amended by

Qanun Province NAD Number 2 of 2003. Qanun Number 7 Year

2006 on the Second Change of Qanun Number 2 Year 2004

about the Governor/Deputy Governor, Regent/Vice Regent and

Mayor/Deputy Mayor in Naggroe Aceh Province Darussalam.

9. That in addition to being changed with Qanun Province NAD Number 2 of the Year

2003, Qanun Province NAD Number 2 of 2004 has also experienced

changes based on Qanun Province NAD Number 7 Year 2006

about the Second Change Over Qanun Number 2 2004 on

Governor/Deputy Governor, Regent/Vice Regent and

Mayor/Deputy Mayor in Naggroe Aceh Province Darussalam

20

10. That in Qanun Number 7 of 2006 in Section 4 Verse (2)

set up "KIP regency/City is the organizer of the election

Regent/Vice Regent and Mayor/Deputy Mayor".

11. That next Article 72 Verse (1) Qanun Number 7

In 2006:

(1) Rekapitulation of the vote counting for the election of the regent/Vice

Regent and Mayor/Deputy Mayor set by KIP

District/City through the Plenary Meeting.

(2) The Regency/City KIP surrender the recapitulation of the vote

to the DPRK via a News Event Receive.

12. That article 1 of 21 Law No. 32 Year 2004 on

Local government confirms Provincial KPU, KPU

District/City as referred to in Law Number 12 Year

2003 on Election of House members, DPRD and DPRD were given

special authority by this legislation to host

the selection of the Regional Head and Deputy Regional Head in each Province

and District/City.

13. That Article 1 of 6 Law No. 12 of 2003 confirms the KPU

Province, KPU Regency/City is part of the KPU.

14. That based on these provisions above, it is clear

the election authority of the Regent/Deputy Regent in Aceh regency

Southeast is the principal authority of the applicant I

mandated/ordered by UUD 1945 or At least it is the necessary authority (necessary and proper) for

exercising the principal authority, i.e. performing

The Regent/Vice Regent of the Southeast Aceh Regency.

15. That the applicant ' s authority cannot be taken over by

PLEASE I, BECAUSE THE AUTHORITY TO HOST ELECTIONS

INCLUDES COORDINATING AND CONTROLLING ALL STAGES

ELECTION EXECUTION, SETTING RESULTS The recap not be

in cooperation with the specified Count/Vice Regent in the Letter

Beg Decision III (P-17).

25. That the accusation/cage forgery is including the scope

of the Pilkada's criminal offence, which by hence refers to the Act

Number 32 of 2004, then the cage must be first

examined by the Panitia. Voter Control, but it is not

done. So that in its development, based on the Termination

Kutacane State Court Number 01 /Pid/Prap/2007/PNKC dated 18

September 2007, the Kutacane State Court of Justi That thus the applicant I was a valid institution in

issued the recapitulation of the results of the Election vote counting

The Regent/Deputy Regent of Southeast Aceh dated 14 May 2007.

30. That the Immediate Act that issued the Recapitulation Results

The Southeastern Aceh Vice Regent's Election Sound

as the Applicant I is enrolling in the part of the fact that

experienced by the applicant I is clearly a actions outside of authority

Please I because I am not authorized to

conduct such action, and that action has taken,

reducing, obstructing, ignoring, and/or adverse to

Constitutional authority of the applicant I.

31. That Please do not have the authority to

host the regent/deputy regent election, which in this case

is the Regent/Vice Regent of Southeast Aceh Regency, including

issuing the Recapitulation Results Election vote

The Regent/Vice Regent of Southeast Aceh, but please I only

have the authority in issuing the Recapitulation Results

25

Election Sound Governor/Deputy Governor of the Province

Aceh.

32. That the Please I action that takes over the authority

The applicant I is erroneously due to it is

an act of intervention that deviates from the authoring authority of I and

such an action that I have very contrary to

the constitution and banning the constitution's mandate, namely the Regent/Vice Regent

as the Regional Chief must be elected democratically.

33. That in its development, based on the Court Decree

Negeri Kutacane Number 01 /Pid/Prap/2007/PNKC dated 18

September 2007, the Kutacane State Court of Justice Assembly had

declared the inquiry against all members of the Court. and the chairman of the applicant

I performed by the Southeast Aceh Resort Police based on

Police Report No. Pol/P/B/383/XII/2006 is invalid, so

by itself according to the law of the applicant I is valid in performing

any legal actions related to the proceedings

the election of the Regent/Vice Regent of Southeast Aceh Regency including

performing Recapitulation Election Results

The Southeast Aceh Vice Regent that has been performed on the date

14 May 2007, and the actions of Terbeg II and Beg III

which have been follow up and instead legalize the actions

DEAR INTERVENTION I

The Southeast Aceh itself became null and void.

D. 2. THE CONSTITUTIONAL AUTHORITY OF THE APPLICANT II IS TAKEN OVER BY PLEAS II AND PLEAS III

1. That as explained above, to guarantee

the publication of the constitution is the selection of regional heads in

The Southeast Aceh regency is carried out democratically, the applicant

II has the constitutional authority that is receive the result of the recapitulation

The calculation of the vote from the applicant I further delivers and

proposes the spouse of the candidate for the Regent/Deputy Regent of Aceh Regency

The Southeast was selected based on the recapitulation of the vote count

performed by the applicant I to Terbeg III through

Please II To get confirmation and appointment.

26

2. That based on the results of the recapitulation of the votes that

sent by the applicant I to the applicant II, subsequently the applicant

II then sent the Board of Representatives of the Regency of the Regency

Southeast Aceh Number 94 /DPRK-AGRI/2007 Dated May 16, 2007

on the Accession Proposal Spouse of Selected candidates

Bupati/Vice Regent of Southeast Aceh Regency period 2007-

2012 to the Minister of Home Affairs RI (Terbeg II) c.q. Governor

NAD (Terbeg II), who proposed the appointment of the appointment

spouse of the candidates to be elected Regent/Vice Regent of southeast Aceh Regency

with a prospective pair of election numbers:

1. H. ARMEN DESKY as the Regent of Southeast Aceh Regency

Period of 2007-2012

2. H.M. SALIM FAKHRY as Deputy Regent of Aceh Regency

Southeast of the Year 2007-2012

3. That it turns out against the Confirmation of the Assumption,

Please II issue a Letter 131.11/13603 dated to 16

May 2007 to the applicant II, subject to the Confirmation Appointment

The Spouse Candidate/Deputy Regent Kab. Southeast Aceh Period

Year of 2007-2012, which at its core stated that the decision

The applicant I on the designation of the Regent candidate may be declared not

valid because the concerned KIP is already dismissed

based on KIP provincial decision Nanggroe Aceh Darussalam

Number 10 of 2007 dated 11 May 2007 on the Pit Stop

Member and Chairman KIP Kab. Southeast Aceh.

4. That Section 24 Verse (1) of Law Number 11 of 2006 on

Acehnese government, affirm DPRK has a duty and

authority proposes appointment and dismissal

bupati/deputy regent and walikota/deputy the mayor to the Interior Minister

The country through the Governor ". This arrangement is also contained in the Articles

109 Verse (4) Act No. 32 of 2004, The prospective spouse

and the deputy regent proposed by the DPRD district/city, selambat-

slow down in 3 (three) days, to the Minister of the Interior

through the governor based on the news of the prospective couple ' s assignment event

27

selected from the county/city PU to get authorization

appointment.

5. That thus, the authority to propose a Partner

The Vice Regent/Vice Regent of Southeast Aceh Regency is

the authority of the applicant II, and Terbeg II only have

the authority to accept and forward the proposal of the Unrest

Pengworkforce Calon Regent/Deputy Regent of Aceh Regency

Southeast proposed by the applicant II.

6. That Please II do not have the authority to assess the legal or

not the spouse of the candidate regent and the elected Vice Regent that

sent by the applicant II in the News Event Recapitulation Event

The Election Sound Count Regent/Vice Regent of Southeast Aceh

the applicant I, so Please II must proceed

The proposal submitted by the applicant II to Terbeg III.

7. That it turns out that Terbeg II has sent a Letter Number

131.11/23002 dated July 26, 2007 to Terbeg III which is in its contents

implores Terbeg III to immediately establish the authorization

Calon Regent/Vice Regent of Aceh Southeastern Elected Results 2006

on behalf of Ir. H. Hasanuddin B., M.M., and Drs. H. Syamsul Bahri

each as a Regent and Vice Regent without a proposal

from the applicant II, in which the proposal is not based on

result of the recapitulation of the votes performed by the applicant I,

but the recapitulation result of the calculation of the votes performed by

BEG I.

8. That Please II do not have the authority to submit

Authorized authority I take control of the applicant I,

then it must refer to Law Number 12 of 2003, i.e. in

Section 20 set about the change between the member time

KPUD County.

28. As such, if it is true that all members of the applicant I

must be dismissed as defined in the rules

laws, then I cannot take over

the authority of the applicant I, but must be set members

a change between the time of the applicant I as set in the Act

Number 12 of 2003 on the General Election.

29. ency Period 2007-2012 to

Father of the Interior Minister RI c.q. Father Governor Nanggroe

Aceh Darussalam;

Evidence P-7: Putermination of the High Court of Banda Aceh Number 11 /PILKADA/

2007 /PT.BNA;

P-8 proof: Nanggroe Aceh Provincial KIP Decree No. 10

Year 2007 dated May 11, 2007 that has laid off

Chairperson and all members of the Southeast Aceh Regency KIP

(applicant I);

Proof P-9: Putermination Pretrial District Court Kutacane Number

01 /Pid/Prap/2007/PNKC;

Proof P-10: Letter of Governor Nanggroe Aceh Darussalam Number 131.11/13603

dated May 16, 2007 to Speaker of the House of Aceh Regency

Southeast of the Proposal of Appointment of the Prospective Spouse

Regent/Vice Regent of South East Aceh Regency Period 2007-

2012;

Proof P-11: KIP Decision Province Nanggroe Aceh Darussalam Number 15

Year 2007 dated June 11, 2007 on Redemption and

Confirmation Of The Recapitulation Of Electoral Votes

Southeast Aceh Regent/Vice Regent;

P-12 Proof: Letter of Chairman of the People's Representative Council of Southeast Aceh Regency

addressed to KIP Nanggroe Aceh Darussalam Number

277 /219/DPRK-AGR/2007 dated June 12, 2007 subject

Rejection of the Recapitulation Results of the Election Voice

Bupati/Vice Regent of Southeast Aceh;

Proof P-13: Letter of the Governor of Nanggore Aceh Darussalam to the Minister

In Negeri Number 131.11/23002 dated July 26, 2007 subject

Enactment Of Appointment Of A Prospective Spouse Bupati/Vice Regent

Southeast Aceh Term of Title 2007-2012;

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Proof P-14: Decree of the Minister of the Interior No. 131.11-347 dated 30

July 2007 about the Termination Officer of the Regent and Unrest

Appoinctor of the Southeast Aceh Province Nanggroe Aceh

Darussalam On behalf of Ir. H. Hasanuddin B, MM., for the time

office of 2007-2012;

Proof P-15: Decree of the Minister of the Interior No. 131.11-347 dated to 30

July 2007 on Enactment Of Appointment Of Vice Regent Aceh

Southeast Province Nanggroe Aceh Darussalam on behalf of

Drs. H. Syamsul Bahri, for the term of 2007-2012;

Proof P-16: Speaker of the Council of Representatives of the Southeast Aceh Regency

to the Minister of the Interior Number 225 /DPRK-AGR/2007

dated 21 June 2007 concerning Proposed Candidate

Bupati/Vice Regent of Southeast Aceh Selected Results of the Year

2006;

P-17 Proof: Letter of Chairman of the People's Representative Council of Southeast Aceh Regency

to Minister of the Interior No. 204 /349/DPRK-AGR/2007

dated October 31, 2007 concerning the Institutional Relations of the DPRK

with the Regent/Vice Regent of Southeast Aceh;

Proof 1: Applicant Response of the Honorable Answer entitled

"Pilkada Buram Due to the Birahi Power";

Attachment Proof 2: Answer for the Assembly of Judges

Constitution is dated 16 January 2008;

Exhibit Proof 3: Answers of the Mursyidan Ferry Expert on the question

The Constitutional Assembly of the Constitution is dated January 16, 2008;

Attachment Exhibit 4: Expert expert Prof. Dr. M. Ryaas Rasyid on the question

filed, dated 16 January 2008;

Proof of Proof 5: Applicant Answer to the Assembly of Judges

Constitution Number 270 /05/DPR.AGR/ 2008 dated January 15

2008;

Exhibit Exhibit 6: State Court Kutacane Number

W1.Dm.Hn.01.10-198 dated 29 June 2007 on

notice of amar Putermination Number 11 /PILKADA/2007/

33

PT.BNA, along with photocopies of the Putermination Number

11 /PILKADA/2007/PT.BNA;

Attachment Of Proof 7: Deed Of Court Verdict Number 11/Deed

Pid/2007/PN-Lgs dated 13 December 2007, and

photocopy copy Number 87 /PID/2007/PT-BNA;

Attachment 8: Governor Nanggroe Aceh Darussalam Number

140/10870 dated April 23, 2007, flash nature, subject

The Government of the Local Government in Aceh Regency

Southeast;

Exhibit Exhibit 9: Decision of the Southeast Aceh Regent's Number

PEG.824..3/631/2007 dated 13 August 2007 on

The appointment of a civil servant in office

structural, as well as the Decree of the Regent of Aceh Official Decision

Southeast Number PEG.824..3/631/2007 dated August 13

2007;

Proof of Proof 10: Clippings of the Daily Mail on May 15, 2007;

Attachment Exhibit 11: Photocopy of the Kutacane State Court Copies

Number 01 /Pid/Prap/2007/PNKC dated September 18, 2007;

Proof of Proof 12: Photocopy of the Home Minister's Letter Number 131.11/427/Sj

dated February 26, 2007, on the Election of the Regent/Deputy

Southeast Aceh Regent;

Attachment Evidence 13: Photocopy of the Independent Commission of the District Election

Aceh Southeast Number 270 /046/III/2007 dated March 16

2007, subject to Invitation;

Order of Evidence 14: Photocopy of the Independent Commission Letter of the Regency

Southeast Aceh Number 270 /067/IV/2007 dated April 4

2007, subject of Continued Implementation Of Recapitulation

Calculation Of The Regent/Vice Regent of Southeast Aceh,

directed to Kapolres 108/Southeast Aceh;

Attachment 15: Chronological Staging Stage Recapitulation

Counting Votes Independent Commission Votes

Southeast Aceh Regency created by the Commission

34

Independent of Southeast Aceh Regency Election

dated April 10, 2007;

Attachment Evidence 16: Photocopy of the NAD Regional Police Chief's letter

B/699/V/2007 dated May 9, 2007, on the Pilkada Tahapan

Bupati/Vice Regent of Southeast Aceh;

Attachment 17: Photocopy of the Independent Commission Elections

Southeast Aceh Number 270 /080/X/2007 dated October 27

2007, regarding Pengaduan;

Exhibit Exhibit 18: Letter Statement from Faisal Shalahuddin, SE, Sub Section

Affairs In the Southeast DPRK Secretariat of Aceh, dated 15

May 2007;

Appendix Evidence 19: Photocopy of the Governor of Nanggroe Aceh Province

Darussalam Number 131.11/14831 dated May 28, 2007,

concerning the Stop Chairman and Member of KIP Aceh

Southeast;

Appendix 20: Photocopy News Event Meeting Pleno KIP Aceh Regency

Southeast Number 270 /037/III/2007, 16th March 2007;

Exhibit Exhibit 21: Photocopy Decision of KIP Southeast Aceh Regency Number

270 /038/III/2007, dated March 16, 2007, and

The Lamps;

Appendix 22: Photocopy News Show Meeting Pleno KIP Aceh Regency

Southeast Number 270 /040/III/2007, March 19, 2007;

Appendix Evidence 23: Photocopy of the Southeastern Aceh Regency Decree Number

270 /041/III/2007, date March 19, 2007, and

Lamps;

Exhibit Exhibit 24: Photocopy of the Governor of the Province of Nanggroe Aceh

Darussalam Number 131.11/23002 dated July 26, 2007,

on the Enactment Of The Appointment Of A Pp>

Proof P-5: Southeast Aceh Regency Decree Decree Number

270 /092/V/2007 dated 14 May 2007 on the Nomination of the Candidate

Regent/Vice Regent of Southeast Aceh Elected Pilkada in 2006;

31

Proof P-6: Letter of the People's Representative Council of the Southeast Aceh Regency

Number 194 /DPRK-AGR/2007 dated May 16, 2007, on Proposal

Authorization To Appointment Of The Newly Elected Couple/Vice

Regent Southeast Aceh Regck analysis of the escalation

the politics in the midst of a society that if not being cyclical with

wise can trigger a horizontal conflict. The assessment of the

is based on a high resistance and a sense of discontent

lay society against the number of infractions of the Pilkada that is not

actionable, even as impressed as being covered in protecting interest

the politics of a particular candidate. With the understanding that voting discourse

re-votes are unregulated and also not banned by the Pilkada Act

that exists, then Panwas is always proactive to invite related agencies such as

KIP, Pemda, and DPRK Aceh Southeast to discuss it with

other agencies such as KIP NAD, Panwas NAD, DPR NAD, Pemda NAD, and

Department of the Interior with the aim to provide information about

various Pilkada anomalies events in Southeast Aceh. However it is very

it is unfortunate that KIP and Panwas NAD who claimed to be

an Acehnese audience did not have any responsibility, attitude

that arif was even impressed as letting the situation in Southeast Aceh

is becoming increasingly uncontrollased by the demonstration of silih changed.

compare that attitude to pressure performed by KIP NAD

by excess by sending a letter to the Kapolda Aceh when

case associated with the political interests of the candidate H. Hasanuddin B.

39

That in the meantime, the Department of the Interior by direct response decreases the team to analyze the existing problems. The results

The leader of the Home Office team is that the Pilkada stage should be continued

with the Southeast Aceh KIP as its executor. While KIP NAD

is ordered to help facilitate its completion. In the event

The Minister of the Interior's decision is Southeast Aceh's KIP immediately

preparing all required infrastructure to continue the stage

under the supervision of the Panwaslih. KIP NAD itself was recently present in Aceh

Southeast with an agenda documenting the Pilkada problem around the end of

in February 2007. However, the presence is very opposite if

wants to be associated with the purpose of the point, for only visiting the Secretariat

KIP for no more than 20 minutes and not even willing to

be found with PPK Southeast Aceh.

That in witness surveillance on some specific respects the presence was facilitated by candidate H. Hasanuddin B. Like a vehicle, even

many oral reports from the public were delivered to Panwas

that some of the accommodation of such visits such as hotels are paid by

candidate H. Hasanuddin B. It is. According to Panwas's analysis it

was a form of unsymptomic as it was only done after more than 3

times KIP, Panwas and DPRK Aceh Southeast Aceh to Banda Aceh in order

resolving the issue of Pilkada Aceh Southeast.

That in the event of a plenary meeting of the counting votes held by the Southeast Aceh KIP under the supervision of the Panwaslih,

is seen to have been in accordance with the applicable laws of law.

In various good provisions set up in Act No. 11

Year 2006, Act No. 32 of 2004, PP Number 6 of the Year

2005, Qanun Aceh Number 7 of 2006 and in all Juknis counting votes issued by KIP NAD, it is generally mentioned

that the witness of the prospective spouse may be submitted a written objection to

Panwaslih who was when it was conducting a plenary meeting. If based on the meeting

Pleno Panwaslih witness may be accepted, then the KIP as an institution

executors must make an immediate fix as well. (see Section 10 of the verse (1),

(2), (3), (4), The Decree of KIP Number 43 of 2006).

That throughout Panwas observations what KIP Aceh is doing

40

The Southeast is associated with the opening of the ballot box at some polling stations

already in accordance with the procedure. So in this case it is not true

recounting as stated by various parties,

unless it tests the witness ' s objection. Examine the witness ' s objection in that matter

related to the right of each witness to file a objection. Anyway what

conducted by the Southeast Aceh KIP is based on a Plenary Meeting

Panwas poured in writing, in which Panwas asked KIP to

seek justification from the witness ' s existing objection letter. Even a request

6 witnesses from 8 witnesses a candidate to the Southeast Aceh KIP for

performing a recount of ballot papers was firmly rejected. Exactly

according to witness observations, the KIP envoy NAD is who has been involved

in a conflict of candidate interests, for leaving the plenary arena

the counting of the vote before it is complete without a clear reason.

• That KIP NAD is still monitoring the course of the plenary meeting to find out what the real problem is. According to witnesses, KIP

NAD-lah who impeded the South-East Aceh's Pilkada stage with the mode

overtook the intervention so as to reduce the Aceh KIP authority

Southeast as the organizer. Realised or not various KIP NAD letters

that were deliberately circulated in the middle of society, it has triggered

escalation of conflict and put the Southeast Aceh KIP in a situation that

is weakened, because on one side must be immediately complete the Pilkada stage

but on the other is faced to provide an understanding of the action

anarchists who were ventured by candidate Hasanuddin B. This should be a clear witness

in order to exhale the issue that Southeast Aceh KIP performs

recounting. Whereas the ballot box opened only a few and

through the Panwaslih approval mechanism. Of the 492 existing ballot boxes,

Panwas just met witness requests to test the witness objection

no more than 35 ballot boxes.

That in terms of changes to the completion of the Pilkada stage completion schedule, witnesses wish to assert, the Southeast Aceh KIP has always been

issued a decree revising the schedule and the stage, so

it is not true that the Southeast Aceh KIP is conducting a plenary meeting

abruptly and without invitation procedure to the related parties.

In our memory it is not only KIP Aceh Southeast's at least three times.

41

Reserving a letter containing a revised timetable to Panwaslih. On its own

it suggests that the Southeast Aceh KIP makes a policy

itself in the event of a much larger stage delay

of which is caused by the hands of the outside parties ' hands and

Other external causes.

That due to excessive intervention from NAD KIP and police, then the Southeast Aceh Pilkada stage has been delayed several times, for any delay

The Southeast Aceh KIP has always poured it out. in the form of a decision letter

which revised the Pilkada stage schedule and delivered to Panwasllih. Thing

this indicat

report of the election of Pilkada Bupati/Deputy Regent Regency

Southeast Aceh during an open plenary session of the DPRK Southeast Aceh. Aspirations

various stakeholders Pilkada is included in the recommendation letter

as set out in SK Number 494 of 2006.

That as an independent and impartial Pilkada supervising institution, the Southeast Aceh Panwaslih also provides a vote recommendation

again after a divorce situation on the ground. Such considerations

provided with the basis of assessment and qui Brother Jamidin Chairman of PPK Sefit

gave the recap as much as 1 copies to Brother

Hasanuddin B, and Brother Hasanuddin said " if I am sworn in

being the Regent of Southeast Aceh then the camat will be replaced all and we

also promised with a variety of posts including the one

promised being the Regional Chief of PU as well as a witness was promised to be an employee

the civil country.

That Shortly before the witness's return saw Brother Hasanuddin B, enter the room and come out with Rp. 8,000,000, money

It was then submitted to Brother Ahmat Irwansyah and Brother

Hasanuddin B for the money. Given to your friends.

Next we are escorted back to the Eka Jaya Hotel which is arriving at the Hotel

the money is shared by Ahmat Irwansyah each acquiring

Rp. One million.

That on December 17, 2006 the witness saw the recapitulation made at the Hotel Eka Jaya and typed in the Computer rental has spread

the entire Southeast Aceh region thus makes the society rerightful and escalation

The politics are rising sharply. Witnesses realized that as members of the PPK had

violated the rules and conditions as PPK, which was not authorized to make

and announced the recapitulation of Pilkada Bupati Southeast Aceh while.

The task and authority was task and authority of KIP Aceh

Southeast. While PPK ' s task is only the receiving of votes from the polls

45

then hand it over to KIP. As witnesses reported

to the Southeast Aceh Panwas, witnesses had been given

Brother Hasanuddin B. money of Rp. 1 million,-for creation

recapitulation and hand over goods proof of money

Rp. 1,000,000,-to Panwaslih, and witnesses have also reported it

to the Southeast Aceh Police, but to this time there is no follow-up

further against the reporting.

That after that there were some PPK Chairmen The witnesses were Speaker of the PPK Brothers Falikul Bahri and Chairman of PPK Badar Brothers

Marzuki, they said, "The recapitulation was made at the Hotel Eka Jaya

that is not true", and they asked the witness from where

obtain such a recapitulation figure. They also said,

"we never gave any of the recapitulation results to anyone

in addition to the Southeast Aceh KIP, while the Southeast Aceh Regency KIP

has not announced it". Then the witness answered the witness not

found out. However, in the end the question was answered in

the trial at the High Court of Banda Aceh, which according to the caption

Brother Andi Railand Bangko stated, " The source of the making of the recapitulation at

The Hotel Eka Jaya was the of the text ", but according to the knowledge

witness Brother Falikul Bahri The Chairman of PPK Leimoon had never had a HP

and could not enable HP.

That a few months before the election, witnesses have been given an HP Nokia type 1100 and a 500 thousand bill through Brother Jamidin Chairman of PPK Semadan,

which is being given by Brother Hasanuddin B., for reasons to be easier

to communicate. After a few months later Hasanuddin's brother

B, gave another phone witness to the Nokia type 1100 as many as 4 units, where

Brother Hasanuddin B said to the witness, "please share it

to your members", and then HP referred to a witness share to

all members. After the members of the PPK in the district found out

that the Speaker of the PPK had received money from Hasanuddin's brother

B. Members of some sub-districts held a plenary meeting about

the replacement of PPK Chairman, for example Darul Hasana District, which was originally

The chairman of Andi Railan was later replaced by Brother Ahmat

Irwansyah. And also with the other Chairman of the PPK. As I know the Chief's witness

46

PPK has been replaced at Pleno PPK Meeting because it is seen as some of

The Speaker of the PPK is related to the practical political interests of the candidate regent.

That after the witness reported on the bribery of the Chairman of the PPK to the Southeast of Aceh Regency and police, witnesses were intimidated and sought

by the successful team of Brother Hasanuddin B, and on one day a witness was arrested

by the successful team of Brother Hasanuddin B, and witnesses were asked to

sign a statement letter whose contents that the witness never

received money from the candidate Regardless of the cost of Rp. 6000. But

to date the witness has never signed it, and since then the witness

has been forced to leave Southeast Aceh, as the witness does not want to be

next victim to the atrocities of Brother Hasanuddin B, where the team

The success of Brother Hasanuddin B, has beaten the successful team of other candidates

to the pulp because it is considered one of the obstacles

the success and two of the village chiefs are the Laeloning Village Head

and Laeloning Aman was also beaten by brother Hasanuddin B's successful team,

up to a pulp. It has also been reported to Panwaslih and

Police, but the police department did not follow up on it as if-

It did not happen anything.

That in the manufacture of recapitulation conducted by KIP the Southeast Aceh Regency has attended 50 PPK while the recapitulation performed by KIP

NAD Province is only attended by 6 members of the PPK without a presence of 1 person element

Speaker of the PPK.

That there are others that are also often experienced by members of PPK in Southeast Aceh where almost all members of the PPK were visited by Harun's brother Al

Rasyid who named the Pilkada monitor and is concerned

always intimidating and scaring the PPK so as not to attend

the meeting of the plenary meeting of the vote counts on the Kutacane GOR. Aside from that

about six members of the PPK in Southeast Aceh during the Pilkada process

has acted as a political adventurer, as many times

approached the candidate alternately. Witness multiple times invited and

in any encounter with the candidate is usually mooted by

Ahmat Irwansyah with motive for money, but long-term after

looking at the deck, Ahmat Irwansyah's act and other groups eventually

witnesses are aware and do not want to be involved any more in their journey.

47

That in observation the Southeast Aceh KIP witness has already worked hard to escort and execute as per the terms of the PPK. In any

activities they organised were also always invited discussions even in

a Southeast Aceh KIP deal showed flaws and

the recapitulation flaws that the PPK made and asked for PPK to do

A fix as it should be. KIP says that the fix

is taken through a plenary meeting with all members of the PPK in order to be obtained

objective.

That remember the witness, the typed recapitulation is the refeeling tired,

after they finished making the recap, they woke up the witness to

typing a recap in one of the computer rental, and after it was finished

then signed by The chairman of the PPK is at the Hotel Eka Jaya.

That upon completion of the entire Chairman PPK leaving the Hotel Eka Jaya, and when the witness asks who takes care of the hotel payment, Ahmat

Irwansyah says " calm down, already. Completed all ". Next

witnesses taken to Hasanuddin B home and chatted with

Hasanuddin B ' s brother, thenresence a very clear picture, the whole process of dispute

The election there is a settlement. When the process of counting votes in the polls, there is

the lawsuit, there is a objection, then when it is proven to be a justification.

Then when the counting process votes, then each of the witnesses

Election participants are given the authority to Objection. With

there is no reason for the things that are in their nature because

counting votes, then there is a takeover;

That Act No. 11 of 2006 provides reinforcement to

KIP in order not to It's a shock. At that time, the KIP was able

dissolved and set up the KPU as acting legislation, but over

the basis of consideration that it meant being running and Pilkada-Pilkada

in Aceh was delayed due to conditions and situation, then the KIP is left to remain,

51

shall but not one thing corroborate that such speciation

places the position of KIP as something with special treatment;

That the KIP in Aceh is the same as with KPU Regency/City and KPU

Province in other areas, both the authority and the liabilities in terms of

the calculation of the vote. Even when the Law No. 22 Year 2007

was designed in such a way as one legislation to be

the implementation of the legislation governing as the organizer

Election, affirmed the existence of one spirit that process of an Election is not

interrupted at least because there is good authority by Panwas and Panwaslu

nor KIP to just disable it in question, so

The election process can proceed smoothly for the created certainty

law;

That when a takeover process occurs, it is the

wrong, cause Pilkada in Aceh is designed with the settings that

special, with the nomination not in its KIP context, but in

the context of the nominating head of the regional head a setting that

becomes part of the peace process with the process of political integration

that is the emergence of individual candidates;

That things to be proved and must be kept together do not

up to the specificity of given to be categorised arbitrary,

it is mounting with a takeover of the unowned authority

its legal basis and not according to the spirit built in

concepulating the existing democracy, as reflected when

poured it in. Act No. 11 of 2006. Even

the resolution of the conflict when the application of the specificity poses a contraction

authority. Essentially special autonomy does not eliminate the values

the base of autonomy that exists in the districts/cities and provinces, but against Aceh

overall it will be built in its own format, with

not remove and resolve this, because KIP in Aceh is

part of the KPU, which was reaffirmed in Law No. 22

In 2007 that the KIP in Aceh remains named KIP which is part

respect;

That KIP in Aceh is not a KPU, but given the authority, the name KIP

is given because It's been socialized, so there's no conflict, because

52

initially there was a work sharmoni between the KPU element with the KPU element

in KIP. The specialty in Aceh has never given any special sense of the

the form of an election. Even governors, regents, and DPRD in Aceh

do not have special powers that are given differently,

but given the same restrictions, its obligations are the same,

the authority is the same. KIP has additional authority that is in

the context of the implementation of special autonomy that applies in Aceh;

That in special legislation present in Aceh and Papua is known

there is a spirit of not being a lot Government regulations

(PP), as the PP can potentially be from the value of the legislation. In Papua there is

Perdasus, there are Perties. The suit is a generic Perda, the Perdasus which

needs to be given consideration of the MRP. In Aceh there is a Qanun, which is

direct translation of the invitation;

That hooks up with KPU/KIP, at that time the aspiration appears

only the KIP is present. But with a spirit of reintegration then it avoes things

that is inherently destructive. In Aceh, it remains the name KIP in which

in other regions or provinces is called KPU/KPUD;

That Qanun in Aceh is Perda, because between Qanun and Perda

in fact the same, as long as it does not conflict with legislation.

For Aceh if any PP is in conflict with Act No. 11

In 2006, then that applies in Aceh is Qanun, while PP fall

by itself;

The Expert of the Petitioners Prof. Dr. Anna Erliyana, S.H., M.H.

That in view of the Pilkada there is a exposure, first, in terms

The vote is already set in Perma, the vote count is already

set in Perma Number 2 of 2005, which is authority from

court in case of dispute;

That regarding the assignment of the President In setting a governor

or SK Minister of the Interior establishes a regent, there is little

the confusion in the judicial practice of the country's enterprise, where it was before

the Supreme Court of the Supreme Court (SEMA) The number 8 in 2005 which

received many Pilkada cases in the TUN Judiciary. But after its birth

SEMA Number 08 of 2005, in general PTUN-PTUN in the area already

not willing to accept, because the judges in the area are very afraid of the Mail

53

Edaran, while PTUN Jakarta still accepts but its verdict is still

many are less consistent;

That under Section 2 of the Act No. 5 Year 1986

The Judiciary of the State Tata Enterprises actually are not authorized, without the need to be born

the Supreme Court Letter of the Supreme Court. Sometimes the Letter of Circular or Perma

makes a draft of a judicial practice, as in one party the judge should be

more in compliance with the laws than the Circular Letter

or Perma;

That Warrants under the terms of Article 3, 4, 5, 7C, 17, 20, 20A,

21, 22D, 24, 24A, 24B, 24C, 7B, 23E, 23G, and 22E Verse (5) 1945 Constitution,

state institutions are the ones mentioned in the 1945 Constitution, which has

the authority of the attribution or division of state power that is already set

in the Basic Law and does not have Extra hand.

but as the Basic Law of course the 1945 Constitution needs to be reviled

only set things that are fundamental and that it has been done

some of its constitutional amendments that the 1945 Constitution is very open to

Legal development through an implied interpretation. That is, these institutions

in the concept of HAN are including the HAN institutions

heteronom while the executive in this case the President and the ministers who

also called firmly in the 1945 Constitution as the primary study. Law

The State Administration of this institution is included in the autonomous HAN classification.

Therefor11 Years 2006, and Act 22 of 2007 affirmed,

that each tier has full authority over the territory

works. When an electoral process is held from starting polling stations

to PPK and then start the PPK proceeds up to the KPU then in

there must be provisions as an institution, so that it should

be done through the plenary. Pleno KPU or Pleno KIP Regency/City is

the highest instance of decision making and when an election process

governor;

That spirit built in Law Number 32 of the Year

2004 is the ption of the Regent/Vice

Regent and Mayor/Deputy Mayor in Nanggroe Aceh Province Darussalam;

That the applicant I and Terbeg I are not part of the Election Commission. The applicant ' s control as stated in

the application of the Independent Election Commission (KIP) is the KIP indicated

in Article 1 of the number 12 Act of 2006 on the Government of Aceh

and Qanun Aceh No. 7 of 2006 as part of the General Election Commission. In fact, Article 265 of Law No. 11 of 2006 is very

57

explicitly confirms "The Independent Commission of Elections that existed at the time of this Act was promulred to exercise its duties until the time of its return". Meaning, the KIP existing at the time of Law Number 11 of 2006 was promulbed and executing Pilkada in NAD Province was

KIP formed under the Nomor18 Law 2001 on Autonomy Special to the Province of the Special Region of Aceh. as the Province of Nanggroe Aceh

Darussalam and Qanun Province NAD Number 2 of 2004 as had been

changed with Qanun Province NAD Number 3 of 2006. So that the KIP

put forth the applicant KIP is not a KIP organizer already and

in progress in NAD Province;

That is the same as the applicant I and Terbeg I, then the Council

The People's Representative of Aceh Regency Southeast as the applicant II is also not

the institution of the state whose authority is granted by the 1945 Constitution. Authorization

Applicant I, Applicant II and Requesting I is granted through the Act

Number 18 of 2001 on Special Autonomy for Special Region Province

Aceh as Nanggroe Aceh Darussalam Province, Act Number

32 Year 2004 on Local Government, Act Number 11

Year 2006 on Aceh Government, Government Regulation Number 6 of the Year

2005 on Election, Enactment Of Appointment, and Stop

Regional Head and Deputy Regional Chief as amended by PP

Nomor17 In 2005 and second change with PP Number 25 Year

2007, Qanun Number 2 of 2004 on Election Governor/Vice

Governor, Regent/Vice Regent and Mayor/Deputy Mayor in Province

Nanggroe Aceh Darussalam. Qanun Number 3 Year 2005 on Changes

over Qanun Number 2 of the Year 2004, and Qanun Number 7 of 2006 concerning

Second change over Qanun Number 2 of 2004. Even the applicant I and

Beg I not be referred to in the 1945 Constitution, let alone be authorized

constitutional;

That the establishment of the KIP of the Southeast Aceh Regency (applicant I)

with the Decision of the Independent Commission of the Provincial Election NAD (Terbeg I)

No. 15 Year 2005 about the Formation of KIP Southeast Aceh Regency

NAD Province dated July 16, 2005. Based on the Provincial KIP Decree

NAD Number 10 of 2007 dated 11 May 2007 member and chairman of KIP

Southeast Aceh Regency was dismissed. So it's so irrational.

58

The applicant I acted on behalf of the KIP of Southeast Aceh Regency but legality

the establishment and its actions are based on the Decree of KPU Number

381 Year 2003 on the Appointing of the KPU of Aceh Regency

Southeast;

That Gubenur elections/Vice Governor, Regent/Vice Regent and Mayor/Deputy Mayor in NAD Province governed in the Act

Number 18 of 2001, Act No. 32 of 2004 and Invite-

Invite Number 11 of 2006 does not include Elections, so completion

result dispute election in the Pilkada is not the authority of the Court

Constitution. The issue in this case is a matter of dispute outcome

counting votes, under the Supreme Court Regulation Number 2 of the Year

2005, then the objection to the issue was submitted to the High Court

Aceh, not to Constitutional Court;

That under dalituses I mentioned above, then the terms

of subjectum and objectum litis have not been met, therefore, the Court

The Constitution is not authorized to examine, To prosecute, and decide

the plea. For that, a a quo must be declared not

acceptable (niet ontvankelijk verklaard).

2. The applicant is not able to carry out its task as per the Act

That on December 11, 2006, the election was held

20 regional heads simultaneously in the Nanggroe Aceh Darussalam Province.

The election was covered. Governor/Vice Governor's election and, 19 Heads

District/City level area. Selection of the Bupati/Deputy Regent of the regency

Southeast Aceh is one of the District Level Regions that

was chosen on the intended date. On December 11, 2006 was the

vote was made;

That under Section 9A (f) Qanun Aceh Number 7 Year

2006 on the Second Amendment of Qanun Number 2 of 2004 on

Election Governor/Deputy Governor, Regent/Vice Regent and Mayor/Deputy

Mayor in Nanggroe Aceh Darussalam Province confirms, KIP

is obligated to execute all stages in a timely way. Article 59 the letter f Act No. 11 of 2006 determines that the KIP

59

is obligated to carry out all election stages of the Governor/Vice

Governor, Regent/Waki Regent and Mayor/Deputy Mayor on a timely basis;

That point C figure 1 letter a KIP Decision Appendix A Decision of NAD Province

Number 05 Year 2005 on the Code of Conduct Act

Governor/Vice Governor, Regent/Deputy Regent and Mayor/Deputy Mayor in

Nanggroe Aceh Darussalam confirms: Election Execuer

Governor/Vice Governor, Regent/Deputy Regent and Mayor/Deputy Mayor

mandatory use by law. Doing actions in order to conduct the Governor/Deputy Governor's election, Bupati/Deputy

Regent and Mayor/Deputy Mayor ordered by law enforcement regulations-

invitation;

That Section 67 Verse (1) Qanun Province Nanggroe Aceh Darussalam

Number 3 of 2005 reads " KIP Regency/City performing a tally

District level sound/City in a meeting. Election Independent Commission

District/City attended by supervisors and witnesses level

District/City at least 10 (ten) days after the vote ". In Section 68 Verse (1) Qanun Number 3 of the Year 2005 is determined, " for the election of the Regent/Deputy Regent or Mayor/Deputy Mayor, at least 14 (fourteen) days after the vote, KIP Regency/City sent the results vote-counting based on news

District/City level events as referred to in Article 66 Verse (2)

to DPRD Regency/City ". Next Article 13 of the Provincial KIP Decision

NAD Number 43 of 2006 on the Order of the Implementation of the Recapitulation Results

The calculation of the Governor's Election Vote/Vice Governor, Regent/Vice Regent

and the Mayor/Deputy Mayor in the NAD Province determines for the election

Regent/Deputy Regent or Mayor/Deputy Mayor, at least 14

(fourteen) days after the vote, KIP County/City

sends the results of counting votes based on the news show recapitulation

results counting votes at level District/City to the District Council/Kotnun

Nanggroe Aceh Aceh Darussalam Number 2 2004 on Election

Governor/Vice Governor, Regent/Vice Regent and Mayor/Deputy Mayor in

Nanggroe Aceh Darussalam Province: " Election Independent Commission

District/City formed at least 6 (six) months before

vote and ended 3 (three) months after inauguration Regent/Vice

Regent and Mayor/Deputy Mayor of the area concerned ". Article 8 Verse

(1) Qanun Number 3 of 2005 explains that: " Commission work

Independent Province ends 3 (three) months after the inaugura

Process Settlement Southeast Aceh Vice-Regent's election;

63

That at the Muspida Nanggroe Aceh Darussalam Meeting

held on Friday 4 May 2007 discussed the issue

Pilkada of Southeast Aceh Regency, obtained the following conclusion:

1. The NAD Provincial KIP immediately executed a Council of Conduct Meeting to give

sanctions to the Southeast Aceh KIP which commits a code of conduct;

2. After dropping sanctions on a violation of the code of conduct, KIP NAD Province

immediately reports to the NAD Muspida to be a matter of consideration more

further;

3. After consideration, KIP NAD immediately took over all of the

tasks and obligations of the Southeast Aceh KIP to complete all

stages of the Pilkada of Southeast Aceh Regency still pending.

That on 7 May 2007 the Chairman The NAD KIP Ethics Board

delivers the Iaporan working results of the NAD KIP Board of Conduct to KIP Chairman

NAD. In the report, the Board of Conduct suggests that in addition to violating

the code of conduct, chairman and, members of the Southeast Aceh Regency KIP also violated

Tatib KIP;

That based on the Ethics Board recommendation, then Please I

with Kuverdict Number 10 of the Year 2007 on the Pit Stop

and Chairman of the Independent Commission Election of Southeast Aceh Province

NAD dated May 11, 2007 laid off all members of KIP Aceh

Southeast (Applicant I), because breaking the code of conduct and in addition to it

members and chairman KIP Aceh Southeast are already mejadi suspect;

That after the dismissal of the applicant I, exactly on the 14th

May 2007, the applicant I issued Decree Number 270 /092/V/2007

about the Prospective Regent/Deputy Regent of Southeast Aceh Elector of the Pilkada

2006. With H. Armen Desky and H. M Salim Fakhry, SE., MM.,

is set to be the chosen couple. The process of recapitulation and setting results

elections also contradictory terms and procedures in effect

that is not to be challenged by the change of the Pilkada schedule, delivery

invitation to the witness of the candidate of the candidate and Panwas, as well as the announcement

to the wider community;

That the candidate couple Ir. H. Hasanuddin B MM/Drs.H. Samsul Bahri

filing an objection to the assignment of election results by the applicant I

to the Supreme Court of Banda Aceh. The verdict of the Banda High Court

64

Aceh Number 11 /PILKADA/2007/PT BNA which states the request of

The applicant is not acceptable. In consideration of the legal ruling it is mentioned that the entire document rekapitulation of the counting

votes that named the Southeast Aceh KIP (applicant I)

were signed by H. Rasitoe Desky and dated 14 May 2007, which

means this document is made after the stop is concerned,

so that the legal product in the form of recapitulation results of the vote counting

and the designation of the candidate mate/Vice Regent selected Pilkada Aceh

Southeast 2006 by naming the Southeast Aceh KIP should be viewed as null and void the law, which means juridically the product of the original must be viewed null or void, and has no legal effect;

That Article 11 Verse (1) and Verse (6) Qanun Number 3 Year 2005

confirms KIP District/Town is formed by and responsible

to KIP Province. The Decree of Appointment as a Member of the KIP

City County (Pemapplicant I) is also based on SK KIP Province (Terbeg I).

It can be understood if there is an authority to form and SK-kan certainly exists

the authority is laying off. In addition Please I only dismiss members and Chairperson of the Southeast Aceh KIP, and never dismiss the applicant I as a member of the KPU;

That based on telaahan above, then it is very clear and real that the applicant I not to perform tasks as instructed

by laws. Even if it wants to be given an interpretation

over the actions of the applicant I can be categorized as an act against

the law.

3. Please Do Not Exceed The Jurisdiction

That Section 265 of Law No. 11 of 2006 on

Acehnese government, confirms " Independent Commission of Elections present at the time of this Act is promulcary His job was

till the time it ended ". That is, the KIP existing at the time of Law Number

11 Year 2006 promuld/executing Pilkada in NAD Province is

KIP formed under Law No. 18 of 2001 on Autonomy

Special to the Province of the Special Region of Aceh. as the Province of Nanggroe Aceh

Darussalam and Qanun Province NAD Number 2 of 2004 as

65

has been amended with the Qanun Province NAD Number 3 of 2005. So

The applicant ' s proposed KIP is not a KIP organizer of the Pilkada which

already and is taking place in NAD Province, but the KIP which will

come;

That Section 9 Verse (1) letter a Qanun 3 Year 2005 explains KIP

has the task of planning and executing the selection

Governor/Vice Governor, Regent/Deputy Regent and Mayor/Deputy Mayor.

The letter b confirms KIP is setting the way for the election implementation

Governor/Vice The Governor, Regent/Deputy Regent and Mayor/Deputy Mayor.

The c-letter determines KIP coordinate, organize, and

control all election stages. Article 9 is placed in

The Second Part of Chapter II A Qanun Number 3 of 2005 titled Commission

Independent Provincial Election. Whereas the election is

either Section 1 of the 5 Qanun No. 3 of 2005, Article 1 7

Qanun Aceh Number 7 of 2006 is all election activities

includes stage preparation, registration, and registration. voter, voter designation,

candidacy, campaign, election execution, enactment of results

elections, and the appointment of Governor/Vice Governor, Regent/Vice Regent and

Mayor/Vice Mayor. The provisions referred to the authority

Please I;

That pursuant to Article 1 of Qanun No. 3 of 2005 are described

The Independent Commission of the Provincial Election is the governing body which carries out the election Governor/Vice Governor, Regent/Vice Regent and

Mayor/Deputy Mayor formed by Provincial Council and set

with the decision of the DPRD. Article 1 number 9 of Qanun Number 3 Year 2005

confirms the Independent Commission Election/City is the body

that organizes the election of BupatiNVice Regent and the Mayor/Deputy Mayor, also carrying out the election The Governor/Deputy Governor that

is formed by KIP Province together the District/City DPRD. Article 9

Verse (2) Qanun Number 7 of 2006 mentions in the holding

election, KIP Regency/City is the holding section of the election

set by KIP Aceh and Article 11 Verse (6) Qanun Number 3 Year

2005 posited Independent Commission of District/City Elections

responsible to KIP Province Nanggroe Aceh Darussalam;

e applicant is

postponed the completion of the Pilkada stage of the Southeast Aceh Regency due to

the intervention of the Please I was unfounded;

That against the report, complaint, and the findings of the breach which

conducted by the applicant I, then KIP Province NAD as REQUESTING I

view the need to form the Board of Conduct, for that on March 20

2007 has been set up on the Board of Conduct based on Requesting Decision I Number 04

In 2007 about the Establishment of the NAD Provincial KIP Ethics Council In

13 Year 2007 About Tahapan and Schedule Settlement

The Selection of Southeast Aceh Regent/Vice Regent;

Evidence TI-8: Photocopy Decision KIP Province Nanggroe Aceh Darussalam Number

15 Year 2005 on Formation of KIP Regency Aceh

Southeast of NAD Province;

Evidence TI-9: Photocopy With Number 12 Year 2005 Number

61/Panwas Aceh/2007 about the Provincial KIP Joint Decision

Nanggroe Aceh Darussalam and Panitia Election Supervising Aceh;

Evidence TI-10: Photocopy of the KIP Conduct Report KIP Nanggroe Aceh

Darussalam;

Evidence TI-11: Photocopy of the Joint Decision Number 05 Year 2007 on

Recount and Recapitulation Results of Sound

Election of Bupati/Vice Regent of Southeast Aceh Regency by KIP

Southeast Aceh regency;

Proof of TI-12: Photocopies Decision of the Muspida Meeting on 4 May 2007;

70

Evidence TI-13: Photocopy Announcement Joint KIP Province NAD and Panwaslih

Aceh Number Peng.3628/KIP-NAD/XII/2006 and Number 135/Panwas

Aceh/XII/2006;

Evidence TI-14: Photocopy of Nanggroe Province's CIP Decision Aceh Darussalam Number

05 Year 2005 on Election Conduct Code

Governor/Vice Governor, Regent/Vice Regent, and Mayor/Deputy

Mayor in NAD Province;

Proof of TI-15: Photocopy of the DPRD Decision Letter Province Nanggroe Aceh

Darussalam Number 6/DPRD/2004 dated September 27, 2007

about the Redemption of the KIP Member Name of the Province Nanggroe Aceh

Darussalam;

Evidence TI-16: Photocopy of the KIP Letter Nanggroe Aceh Darussalam Number

3667 /KIP/XII/2006 dated December 28, 2006 regarding Election

Regent/Vice Regent of Southeast Aceh;

Proof of TI-17: Photocopy of the KIP Letter Province Nanggroe Aceh Darussalam Number

101 /KIP/I/2007 dated January 10, 2008 on Election

Bupati/Vice Regent of Southeast Aceh;

Evidence TI-18: Photocopy of KIP Province Nanggroe Aceh Darussalam Number

455 /KIP/II/2007 dated February 28, 2007 on the Recapitulation of Sound

in the Southeast Aceh Regency KIP;

Evidence TI-19: Photocopy of the KIP Letter of the Province of Nanggroe Aceh Darussalam Number

658 /KIP/IV/2007 April 2, 2007 subject to Termination

Voice Paper by KIP Southeast Aceh Regency;

Evidence TI-20: Photocopy of Nanggroe Province's KIP Letter Aceh Darussalam Number

585 /KIP/III/2007 dated March 22, 2007 subject to a Response to

decision of KIP South Aceh Regency;

Evidence TI-21: Photocopy of the Home Minister's Letter Number 131.11/427/Sj dated

February 26, 2007 on the Election of Regent/Deputy Regent of Regency

Southeast Aceh;

Evidence TI-22: Photocopy of KIP Province Nanggroe Aceh Darussalam Number

734 /KIP/IV/2007 April 11, 2007 subject to the Election of Regent/Vice

Southeast Aceh Regent;

71

Evidence TI-23: Photocopy of KIP Province Nanggroe Aceh Darussalam Number

504 /KIP/III/2007 dated 8 March 2007 concerning the Election of Regent/Deputy

Southeast Aceh Regent;

Evidence TI-24: Photocopy of the Provincial KIP Letter Nanggroe Aceh Darussalam Number

138 /KIP/I/2007 dated January 16, 2007 at the Election

Regent/Vice Regent of Southeast Aceh;

Evidence TI-25: Photocopy Of The Delivery Of DB 4-

KWK On June 12, 2007, On June 12, 2007, Event-delivery Of The Event

Recapitulation and Establishing The Results Of The Election Vote Counting

The Southeast Aceh Vice Regent;

Evidence TI-26: Photocopy of the Southeast Aceh KIP Letter Number 270 /.../XII/2006 date

December 22, 2006 on Cancellation Of The Motion

Voice of Pilkada Bupati/Deputy Regent of Southeast Aceh dated 11

December 2006;

Evidence TI-27: Photocopy of the Southeast Aceh KIP Letter Southeast Number 270 /494/XII/2006 date

December 22, 2006 on Revoting Back at TPS-TPS

The election of the Bupati/Vice Regent of Southeast Aceh Pilkada 2006;

Evidence TI-28: Photocopy of the Aceh KIP Letter Southeast Number 270 /488/XII/2006 date

December 22, 2006 on Revoting Back at TPS-TPS

The election of the Bupati/Vice Regent of Southeast Aceh Pilkada 2006;

Evidence TI-29: Photocopy of the Southeast Aceh KIP Letter Number 270 /092/V/2007 date

14 May 2007 on the Expiration Date/Vice Regent Aceh

Southeast Selected Pilkada In 2006;

Evidence TI-30: Photocopy of the Southeast Aceh KIP Letter Number 270 /002/I/2007 dated 12

January 2007 on the Southeastern Aceh Elections;

Proof of TI-31: Photocopy of the High Court Banda Aceh Number

11 /Pilkada/2007/PT-BNA dated 21 June 2007;

Evidence TI-32: Photocopy Of The High Court Ruling Banda Aceh Number

01 /Pdt.G/2007/PT-BNA July 4, 2007;

Attraction Witness Terbeg I Rahmat Fadhil, SP.

That based on observation and surveillance of witnesses, up to

ten days after polling across the polling stations in Southeast Aceh, KIP

Southeast Aceh did not solve it, meaning not counting at the level

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county. It is not by the rules, because it should be ten days

after the election must be counted, so the Southeast Aceh KIP has failed

running its duties;

That if the reason is security, then there must be a capt of

the police, but at that time there was no intended letter.

So there was no reason whatsoever to stop the counting on the level

district/city, even the President should not stop it,

because the rules are clear. As a result of the cessation of eating

for a period of time it lasted for months. KIP NAD

coordinates with various parties including Muspida and also asks

to Panwas how to complete the South-East Aceh Pilkada. However, in

while searching for the Pilkada solution in Southeast Aceh, suddenly KIP Aceh

The Southeast makes a revoting statement, whereas according to

the witness's knowledge of the existing rules is not justified;

That if the event is meant to be a revote, then

PPK-lah which determines, with or without the recommendation of the Panwas in

the level of the sub-district, not the Southeast Aceh KIP authority;

That with the occurrence of Violation of question, witness then

write back to KIP NAD. Due to letters that was submitted by Panwas

to KIP NAD, eventually KIP NAD formed a board of ethics for

resolving the issue. Once a board of ethics is formed later

the board of ethics is working by coordinating among others with KIP NAD,

Muspida and Panwas to find a solution. But suddenly on the 11th

May 2006 the Southeast Aceh KIP was terminated by KIP NAD. Next KIP

NAD continues the delayed stages. The stop was taken by

The NAD KIP Ethics Board, and NAD's KIP continued the pending stage, and

not taking it entirely;

That Southeast Aceh KIP was temporarily in nature, not an institution

that Permanent. In accordance with the rules stated inence TI-5: Photocopy Decision KIP Province Nanggroe Aceh Darussalam Number

15 Year 2007 on Redemption in Recapitulation

Election Sound Count/Vice Regent of Southeast Aceh;

Evidence TI-6: Photocopy of the Decree of KIP Province Nanggroe Aceh Darussalam Number

43 Year 2006 on the Tata Cara Implementation Of The Recapitulation HAsil

Counting Votes For Governor/Deputy Governor,

Regent/Vice Regent, and Mayor/Vice Mayor of NAD Province;

Evidence TI-7: Photocopy Decision KIP Province Nanggroe Aceh Darussalam Numbere submitted by the candidate spouse to the Supreme Court in

the slowest 3 (three) business days after the election results

specified;

Verse (3) Objection as referred to in Verse (1) only against

the result of a vote counting that affects its selection

spouse spouse;

Verse (4) The Supreme Court breaks the dispute with the result of the calculation. vote

as referred to in Verse (1), paragraph (2), and paragraph (3) at most

slow 14 (fourteen) days from the application

objection;

Verse (5) Supreme Court relayed the outcome of the disputed outcome

The counting of the votes as referred to in Verse (4) to:

a. KIP;

b. The candidate pair;

c. DPRA/DPRK;

d. The governor/bupati/walikota; and

e. a political party with a local political party that proposes a candidate.

Verse (6) The Supreme Court of Justice as referred to Verse (4)

and Verse (5) is final and binding.

That under Article 250 Verse (1), Verse (2), and Verse (3), Invite-

Invite Number 11 Year 2006 on the Government of Aceh which

states that:

Verse (1) The Governor is resolving disputes in the event of a dispute

in the holding of government functions district/city

in Aceh Province;

77

Verse (2) The Home Secretary completes the dispute if

interprovincial disputes, between provinces and districts/cities

outside of its territory, as well as between provinces and districts/cities outside

territory;

Verse (3) The decision of the dispute resolution as intended

in Verse (1) and Verse (2) are final and binding.

Due to the devolution of authority to prosecute

result dispute selection of regents/regents to high court

by Regulation The Supreme Court of R.I. No. 2 of 2005 dated

9 May 2005 on the Tata Way Attempted Legal Efforts

Against the Penetration of the Pilkada and Pilwakada from the Provincial KPUD and

KPUD Regency/City as listed in Section 2 of the paragraph (3),

then it should be submitted to the Supreme Court of Aceh.

Based on Article 3 of the Supreme Court of Indonesia Number

02 of 2005 on the Tata Cara Submission Of Legal Efforts

Against the Redemption of the PILKADA and PILANY ' s of the Provincial KPUD

and the KPUD District/City mentions that:

Verse (1) Objection to the establishment of regional electoral results and

the deputy head of the provincial or district/city can only

be filed with respect to the results of the most votes

slow 3 (three) days after the designation of the head election results

the region and the deputy head of the Provincial area;

paragraph (3) Objection as referred to in Verse (1) is submitted to

High Court through the Court of State most slowest 3 (three)

after the assignment of results;

Verse (4) Objection signed by the applicant or his legal authority

with supporting evidence, either original or copy photo

which was legalized and the witness name to be presented

by the parties concerned, and made in a 7

(seven);

Verse (5) Objection submitted by the applicant or its legal power

is required to describe clearly and in detail about:

a. The error of the vote count announced by

78

KPUD and the correct sound counting results according to

the applicant;

b. The request to cancel the vote counting results

was announced by KPUD and set the vote count results

that is correct according to the applicant.

3. The applicant is not a State Institution whose jurisdiction is granted by the Constitution of the Republic of Indonesia in 1945.

That the applicant postulate that the party that

disputed is the institution of state whose authority was granted

by the Constitution of the Republic of Indonesia of Indonesia in 1945. Dalil

The petitioners are based on Articles 18 Verse (1), (2), (3) and (4)

The Basic Law of the Republic of Indonesia in 1945 stated

that:

(1) The Unitary State of the Republic of Indonesia in the top regions of the province

and the province area in for the counties and cities, all of which are

provinces, counties, and cities that have local governments

at the set with Undang-Undang;

(2) Local Government province, county area, and city governing and

take care of its own governance affairs according to asas autonomy and duties

host;

(3) Provincial government, county county, and city have

The Regional People's Representative Council whose members are elected

through the General Election;

(4) The Governor, Regent, and Mayor each as head

government of provincial, county, and municipal governments are elected

democratic.

Will but which are subject matter in the a quo plea

is the subject of the authority to propose passage of the appointment

candidate of the Regent/Deputy Regent of Southeast Aceh Regency by Termohon-II

to The Minister of the Interior (Termohon-III), who, according to Pemohon-II

the actions of the proposal undertaken by Termohon-II were

actions that ignored the constitutional authority of Pemohon-II and

79

can be categorized as an outside act of Termohon-II (Ultra

Vires).

That the authority issue of the proposal of confirmation of the appointment

The Regional Head, whether for provincial and county/city areas

is part of the substance or mandate of the Act

set about local government and/or regional rule (Qanun)

which in this case for Nanggroe Aceh Darussalam is as

specified in Law Number 11 of 2006 concerning

Government of Aceh and Qanun Number 2 Year 2004 on Election

Governor/Vice Governor, Regent/Vice Regent and Mayor/Deputy Mayor

in Nanggroe Aceh Darussalam Province as amended first

with Qanun Province Nanggroe Aceh Darussalam Number 3 Year 2005

and second with Qanun Aceh Number 7 of 2006.

That view of the contents of the changes in the State Basic Law

Republic of Indonesia Year 1945 which has undergone four times

changes, then the one referred to the state institution that

its authority is given by the Constitution of 1945, is as

mentioned in Section 3 of the People's Consultative Assembly, Section 20,

Article 20A and Article 21 of the People's Representative Council, Section 22D,

The Regional Representative Council, Article 4 and Article 5 of the President and the Vice

President, Section 24 and Section 24A namely the Financial Examiner and the Article

22E Paragraph (5) is the General Election Commission.

That is based on that reason above then KIP Regency

Southeast Aceh (applicant I), DPRK Southeast Aceh Regency (applicant

II), KIP Province Nanggroe Aceh Darussalam (Terbeg I) and Governor

Nanggroe Aceh Darussalam (Please II) is not an instit; page-break-after:always">

76

State based on selection delivered by KPU

county/city ".

2. That under Article 74 Verse (1), Verse (2), Verse (3), Verse (4), Verse (5) and Verse (6) Act No. 11 of 2006 on the Government of Aceh which states that: Verse (1) Election Participation of the Governor/Vice-Governor, Regent/Vice Regent

or Mayor/Deputy Mayor reserves the objection

against the election results set by KIP;

Verse (2) Objection as referred to Verse (1) can only

banged first with Qanun Province Nanggroe Aceh

Darussalam Number 3 of 2005 and second with Qanun Aceh No. 7

2006.

2. Please II do not take over the authority of the request of the supplicant II not to take over the authority of the Confessionable Confesator, as it is: a. There have been various violations of the implementation of the implementation of PILKADA

by the applicant I and the applicant II, so that the normal procedure that

is specified in qanun and the statute cannot be implemented,

that requires that I and Please proceed

PILKADA is already pending, then Please II not take over

the authorization of the applicant II, but the actions of Tersupplicant I and Beg

II to carry out his authority set in Qanun Number

2 Years 2004 on Governor/Deputy Governor, Bupati/Deputy

Bupati and Mayor/Deputy Mayor in Nanggroe Aceh Province

Darussalam as amended first with Qanun Province

Nanggroe Aceh Darussalam Number 3 Year 2005 and second with

Qanun Aceh Number 7 Year 2006 as mentioned in Section

11 Verse (6) "KIP Kab/City is responsible to NAD Provincial KIP"

and Verse (9) " The working order and relationship of Independent Commission Election

District/city with KIP Province is set by KIP Province ".

Based on such provisions clearly shows that Please I

can act to continue the PILKADASUNG stage.

b. That in accordance with the provisions of Qanun Province Nanggroe Aceh

Darussalam Number 2 of 2004 on Election Governor/Vice

Governor, Regent/Vice Regent and Deputy Mayor in Nanggroe Province

Aceh Darussalam as it has been First modified with Qanun

Nanggroe Aceh Aceh Darussalam Number 3 Year 2005 and second

with Qanun Aceh Number 7 of 2006, authorized to do

The recapitulation of the vote was PPK (Election Panitia

Subdistrict), while the authority of the applicant I is performing

84

Recapitulation of the number of votes from the result of a vote tally performed

by PPK, as defined in Section 7 Verse (1) Decision

KIP NAD Number 43 Year 2006 on Implementing Method of Execution

ReCapitualsi Results of the Governor/Vice Election vote

Governor, Regent/Deputy Regent and Mayor and Deputy Mayor in

Nanggroe Aceh Darussalam province, in fact the applicant I

refused to perform recapitulation of the sound counting that

performed by the PPK, and instead the applicant I did alone

"Recapitulation of the vote count by opening the ballot box and

recounting the ballot" and this is contrary to the rules

applicable law. As it should be the applicant I only perform

the recapitulation of the number of votes based on the recapitulation results of the counting

the sound that the PPK has done, as a result of the applicant's actions

raises protests from various parties. So it triggered a commotion

mass in Southeast Aceh Regency, and therefore Please I

as the staging of the election, proceeding

the PILKADASUNG stage in Southeast Aceh.

c. The result of the recapitulation that Temohon I had in accordance with

results of a calculation of the votes performed by PPK, by Terbeg I

submitted to the applicant II in accordance with the letter Please I Number

1139 /KIP/VI/2007 date June 11, 2007 Concerning The Recapitulation Of The Results

Counting Votes Of The Regent of Southeast Aceh

to be forwarded to Terbeg II, but the applicant II refused to

forwarding to Terbeg II, so Please I sending

alone to Beg Ll of recapitulation number of votes for

assigned Regent and Vice Regent selected PILKADASUNG

Southeast Aceh regency, next Please II correspond to

the authority forwarded to Terbeg III, It is appropriate

with the provisions in Section 2 Verse (2) Minister Rule In

Negeri Number 9 Year 2005 On Guidelines For Local Government

In The Implementation Of The Local Head And Deputy Chief Election

The area that mentions that " The responsibility of execution

PILKADA county/city is on the Governor and reported to

Interior Minister".

85

d. That the Pending and Requesting Mechanism is

in continuing the pending PILKADA stage is already correct

and precisely according to the provisions set out in qanun and invite-

invite. The implementation process of the Regional Head Elections Iangsung

in Southeast Aceh Regency has taken place democratically already

in accordance with the spirit of the constitution.

3. Please Ii Do Not Exceed The Limits Of His Authority;

That Article 78 Verse (1) letter of Law Number 22 of the Year

2003 on Susunan and the Occupation of the People's Consultative Assembly,

House of Representatives, House of Representatives Section, House of Representatives

Regional People's jo Article 42 Verse (1) letter d Law Number 32

Year 2004 mentions that " The DPRD has a duty and authority

Proposing the appointment and dismissal of the regional head/vice head

area to the President via the Minister of the Interior for the Provincial Assembly

and to the Minister In Country through Governor for DPRD

District/City". Such provisions contain the notion that "DPRD

county/city has the duty and authority to propose

Appointment and termination of the Regent/Deputy Regent or Mayor/Deputy

The Mayor to the Minister In the United States through the Governor ". Next Article

24 Verse (1) the letter d Act No. 11 of 2006 on

The Aceh Government mentions that," The DPRK has a duty and

authority proposes appointment and dismissal

Regent/Vice Regent or Mayor/Deputy Mayor to Minister In

The country is through Governor".

That next in explanation of Act No. 32

Year 2004 is said that the Governor as Regional Head of the Province functioned

anyway as a representative of the government in the area in the sense to

bridging and shortening the task execution control range and

function The government is included in the coaching and oversight of

hosting government affairs in the county government strata

and the city. In addition, under Article 40 Verse (1) Act

Number 11 of 2006 on the Government of Aceh also mentions

That: "The governor due to his position as deputy

government".

86

That special concerns the word "through the Governor" in context

Paul 42 Verse (1) the d juncto section 109 Verse (2) and (4) Act

Number 32 of 2004 on the Local Government juncto Section 78 Paragraph

(1) letter d Law Number 22 of 2003 on Susunan and

The Occupation of the People's Consultative Assembly, House of Representatives,

The Regional Repre Aceh, Government Regulation Number 6 of 2005

about Selection, Appointment, and Head Stop

Regions and Vice-Heads Areas as amended with

Government Regulation Number 17 of 2005 and the second Amendment with

83

Government Regulation Number 25 of 2007 as well as Qanun Number 2 Year

2004 on Pernilihan Governor/Deputy Governor, Regent/Vice Regent and

Mayor/Deputy Mayor in Nanggroe Aceh Darussalam Province

as has been ch

DPRA, Muspida Aceh Tenggara, Panwaslih Aceh, Chairman of PPK in

Southeast Aceh Regency, Local Monitoring and National as well as

print and electronic media reporters.

Through SK KIP Nanggroe Aceh Darussalam Number 15 Year 2007

dated 11 June 2007 on Redemption and Disclaimer of Recapitulation Results

Election Sound Count Bupati/Deputy Bupati of Southeast Aceh which

decides and sets the Candidate Couple Ir. H. Hasanuddin B, MM

and Drs. H. Syamsul Bahri with 33,091 or 37.75% of the votes and

for the candidates who have the most votes ranked 1 (one)

is designated as the Regent/Vice Regent of Southeast Aceh.

KIP Nanggroe Aceh Darussalam has been submitted Recapitulation

The Results of the Sound Count to the Supreme Leader of the South Aceh DPRK

on 12 June 2007.

Next can we be expanded anyway that Chief Justice

Negeri Kutacane has issued a Letter of Interest

W1.Dm.HT.04.01-198 of June 16, 2007 about the absence of any candidate

another submitted Lawsuit/objection to the designation KIP Province Nanggroe

Aceh Darussalam Number 15 Year 2007 on 11 June 2007.

Act No. 32 of 2004 Article 109 Verse (4)

states "The spouse of the regent and Deputy Regent or Mayor and

The Deputy Mayor is proposed by the county/city council at no time

in time 3 (three) days to the Minister of the Interior through the Governor

90

based on. News Event The appointment of a prospective pair of candidates from KPU

District/city to obtain the passage of the relay", and also

in accordance with Article 72 of Qanun Number 7 of 2006 mention that,

" DPRK delivered the results election and its administrative completeness

at least 3 (three) days after the results of the selection and completeness

the administration was received.

Turns out to be the specified time limit, the applicant II is not

willing continue the assignment and assigning of the Regent/Vice Regent

Southeast Aceh An. -ir. H. Hasanuddin B. MM/Drs. H. Syamsul Bahri,

as KIP Nanggroe Aceh Darussalam with

Its Decision Number 15 Year 2007, for the reason that the applicant

II has delivered the proposal proposal to the Minister of the Interior

through Governor Nanggroe Aceh Darussalam with a letter Number

194 /DPRK-AGR/2007 dated 16 May 2007 that proposed the pair

H. Armen Desky/H. M Salim Fakhri sebagal Bupati/Deputy Regent Aceh

Southeast based on Decree of the Southeast Aceh KIP Number

270 /092/V/2007 dated 14 May 2007, legally the decision of KIP Aceh

The Southeast is invalid and void for the sake of the Aceh KIP Aceh Act. laws.

After 8 (eight) days from the date of the submission of the Redemption and

Ratification Of The Recapitulation Of The Vote Count of the Please I to

The applicant II, with a letter dated June 12, 2007 concerning the news delivery

event recapitulation and determination of election vote counting

Regents/Vice Southeast Aceh Regency. Further based on the letter

227 /218/DPRK-AGR/2007 dated June 12, 2007 the applicant II "Repels

Rekapitulation results tally of the election vote/Vice Regent Aceh

The Southeast exercised by KIP NAD'', then based on that

Governor of the Province of Nanggroe Aceh Darussalam by letter Number

R. 131.11/17635 dated 21 June 2007, addressed to the Interior Minister

Negeri, proposed attestation of the appointment:

-Bupati: Ir. H. Hasnuddin B, MM.

− Vice Regent: Drs. Syamsul Bahri

Against the Decree I have also no Court Break

High Aceh Number 11 /PILKADA/2007/PT.BNA, in case of Pilkada

between Ir. H. Hasnuddin B, MM, Cs against Election Independent Commission

91

(KIP) Southeast Aceh Regency, which is in legal consideration as well as

amar its verdict states that:

a. need to pay attention to the Southeast Aceh KIP stop on 11 May

2007 as a Legal Fact;

b. Recapulation Results of the vote counting and the assignment of the candidate pair

Bupati/Vice Regent elected Pilkada Aceh Southeast Asia in 2006

must be viewed null or void and has no effect

the law;

c. Therefore, the application of the Cloud Service is subject to the terms of the IBM International Cloud Service, and the following terms:

d. Reject all the Exception of the Begged Power (Southeast Aceh KIP).

That the High Court's verdict was referred to be misinterpreted by

the applicant I and the applicant II, so the applicant II with its Surappointing Number

225 /DPRK-AGR/2007 dated 21 June 2007 has delivered the proposal

appointment Bupati/Deputy Bupati of Southeast Aceh to Terbeg Ill

based on the Southeast Aceh KIP Decree Number 270 /092/V/2007 dated

14 May 2007 as opposed to applicable rules due to being submitted

not through Beg II. Under Article 78 Verse (1) the letter d Invite-

Invite Number 22 Year 2003 juncto Section 42 Verse (1) The letter d Invite-

Invite Number 32 Year 2004 juncto Section 24 Verse (1) Act d Invite-

Invite Number 11 Year 2006 About the Aceh Government juncto Article 72

Verse (3) Qanun Aceh Number 7 Year 2006.

That according to the response control and the information that

May be raised above both in the Exception and in the Subject matter,

then Please II appeal to the Assembly of Justice of the Constitutional Court which

examine and prosecute these cases in order to please allow the following

as follows:

IN EKSEPSI -Receiving the Conception of Conception II entirely.

IN THE CASE -Reject the request of the applicant the whole, or;

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-Declaring the invocation of the applicant is not acceptable (niet ontvankelijk

verklaard). -Declaring the Begged Proposal of the Regents of the Regent and Vice Regent

Southeast Aceh Selected results PILKADA 2006 with letter Number R. 131.11

/17635 dated 21 June 2007 according to its authority.

[2.6] Considering that to strengthen Terbeg II's answer

has submitted written evidence given the TII-1 sign up to the TII-31,

as well as filing four witnesses named Ir. Harun Al Rasyid, Andi Railan

Bangko, MD., ST., Ahmat Irwansyah, as well as Saidi Amran, and three experts

named Taqwadin, SH., SE., MS., Denny Indrayana, SH., LL.M., Ph.D and

Mohammad Daud Yoesoef, SH., MH., which has been The following were heard in

under oath at the December 11, 2007, 16 January 2008 trial,

and January 28, 2008, as follows:

Evidence TII-1: Photocopy Act No. 11 of 2006 on

Governance Aceh;

Evidence TII-2: Photocopying Act No. 24 of 2003 on the Court

Constitution;

Evidence TII-3: Photocopy Act No. 22 of 2003 on Susunan

and the Occupation of MPR, DPR, DPD, and DPRD;

Evidence of

Southeast and SK KIP Nanggroe Aceh Darussalam Number 13 Year 2007

dated 28 May 2007 on Tahapan and Schedule Settlement Election

Bupati/Vice Bupati Aceh Tenggara.

On June 11, 2007, the Pleno KIP Meeting

Nanggroe Aceh Darussalam about the Redaitulation Implementation of the Calculation

Votes, Assignments and Concerts of the Regent/Selected Vice Regent and

at the same time announce it. In this plenary meeting were attended by

witness the couple candidates, Muspida Nanggroe Aceh Darussalam, Commission A

rry out recap of the Governor,

whereas for the regent/regent the results were not implemented during

months-months;

That the witnesses then went down a small team of Home Affairs and Panwas

Pilkada to see the real thing happen. Then the Interior makes

a letter from which it contains, the Pilkada stage is resumed and there is no

reelection and beyond. Right on March 23, 2007, KIP Aceh

Southeast made Pleno at the Wacani sports GOR, but the plenary meeting

meant not to brand the results of PPK, but instead opened the ballot box,

then the activity was stopped;

That in April 2007 continued the second Pleno at GOR, KIP Aceh

Southeast instead of recruiting it instead of opening its final ballot box

the activities were stopped by the apparatus. As a result of KIP Aceh's actions

The Southeast, KIP NAD laid off the Southeast Aceh KIP on

on May 11, 2006, then for the next core team of KIP NAD Panwas

met at NAD Banda Aceh to seek its solution, And as witnesses heard

stages continued until the slowest of June 20, 2007;

That based on the NAD KIP letter, the NAD KIP then did the

the recapitulation stage housed in the NAD Governor's Department of Useful Building

attended by Panwas, public figure, monitoring, journalist, and KIP

NAD himself, The government of Southeast Aceh Regency, which results

won the number 4 pair Ir. Hasanuddin and Syamsul Bahri.

A few days later KIP NAD sent a letter to the DPR-K for

proposing, but there was no reply. Witness's knowledge on the 1st

September 2007 Governor of the NAD Province on behalf of the President of the Republic

Indonesia appointed and took an oath to the spouse of Ir. Hasanuddin

and Syamsul Bahri as the Bupati of Southeast Aceh Period 2007-2012.

WITNESS WITNESS II ANDI RAILAN ARISE, MD., ST.

That the Pilkada process since before the decoblosan was up to

the pencoblosan on December 11, 2006 was walking safely without

there was a problem. On December 12, 2006, Darul Hasanah District

97

after completion of the recapitulation and direct surrender

recapitulation, the voice box and all of the head selection tools

the area to the KIP Secretariat of Southeast Aceh Regency;

That on On December 20, 2006, witnesses were invited to recruit them

counting votes at the governor's level, which was completed that day

the governor's recapitulation, and the night was notified by members of the KIP

Southeast Aceh Regency Not to go home. Because tomorrow there's a plenary meeting

The recapitulation rate. Southeast Aceh Regency. It turns out instead of

preparations for recapitulation of the county level but the Chairman and Member

KIP Southeast Aceh Regency requesting PPK from Southeast Aceh

signing the recommendation for the Pilkada re. The letter referred to already exists

and not the witness who made it, therefore, direct witness deadlock

and out of the plenary;

That on December 22, 2006 the KIP of Southeast Aceh Regency

issued three controversial letters, one of which is a Letter

Decision Number 70 /488/XII/2006, where in one of its points said

"based on the plenary meeting, recounts based on the outcome of the meeting

plenary recommendation of PPK", whereas witnesses never did the plenary

recapitulation to the owner of the levy and a recount of the vote at the polls-

TPS. On December 23, 2006 the witness and several friends of the six

the chairman of the PPK issued a letter of a rebutance never performing

Pleno PPK Meeting;

That on the 23rd to 25th December 2006 the witness was invited to the

plenary meeting recapitulation of votes for the regent at GOR but

disbanded by police authorities as it is considered KIP Regency Aceh

Southeast has violated laws or regulations for opening

ballot box and recounting, while recapitulation is not being moved.

Then on On April 2, 2007, the witness received an invitation to

A plenary meeting of the recapitulation of the vote, and again the opening of

the return box was also dismissed by the police force;

That based on the violations committed by KIP

Southeast Aceh Regency then on May 11, 2007 KIP Regency

Southeast Aceh was dismissed by KIP NAD. And after that I

get to the Southeast Aceh Regency KIP Decision Letter

98

issued a recapitulation of the vote, which has won

one of the candidates, in which the recapitulation that the witness has made has changed, and

the witness does not know who is changing;

That on On June 11, 2007, witnesses were invited by KIP Province NAD at

Banda Aceh to witness the continued recapitulation of advanced levels

Southeast Aceh Regency in Banda Aceh, in the department's department of use

Governor of Aceh which was the result It's Ir. H. Hasanuddin B, MM., and Drs. H.

Syamsul Bahri.

Attraction Witness Terbegged II Ahmat Irwansyah

That basically Pilkada of Southeast Aceh Regency was no problem

anything, until December 12, 2006, when the witness prepare

to invite candidate witnesses, then come Camat Babul

Makmur and one of the members of the DPRK Kab. Southeast Aceh named

Intan, Camat Babul Makmur named Ahmad Rusdi encountered witnesses in space

work, where they revealed that witnesses willing to negotiate for

change the recap or derail the number of votes in the district. witnesses

for number one candidate namely H. Armen Desky and M. Salim Fakhry. Need

a witness explanation in the witness district already many successful team members of the nominee

number one. To neutralize the circumstances in order not to riot

in the counting of the votes in the subdistrict, the witness ultimately said only;

That on December 12, 2006 evening, came again Brother Erdarina

one of the KIP Members Southeast Aceh Regency to bring witnesses

again in order to change or derail the votes for the candidate

number one back. At that time, the witness said, so that all

walk, because the ballot box is still in the district. Then evening

on December 13, 2006 before the recapitulation of the counting

votes at the subdistrict level, the witness was returned by Sister Erdarina to

negotiations at the house of a witness member named Romi in Lawiperflower

Salim Fahri, where the number-one candidate for the number of witnesses is H. Armen Desky and M.

Salim Fahri, where the witness is asked to be two witnesses.

Romi and Abdul Hasani. In the negotiations that night, without a witness point,

a member of the witness asked for the addition of a number to the number one requested one

the vote of a million. However, Mother Intan of the DPRK Member of Aceh Regency

Southeast that is one of the candidate's winning team Number One

96

problem. The results of the recapitulation at PPK were delivered to KIP Aceh

Southeast on December 16, 2006;

That the witness's knowledge, the Southeast Aceh KIP did not carry out to

rebrand the results of the PPK, and simply caution, but there may be other agencies for it;

That the KIP formed now is KIP according to the Act

Number 18 of 2001, Qanun Number 2 of 2004, and Qanun Number 3

In 2005 that was on That time KIP was an ad hoc. As for

will come only in reference to Article 265 of Law No. 11 of the Year

2006;

That the expert agrees, Article 18 of the paragraph (4) of the 1945 Constitution, regarding the " amanat

Constitution in terms of regional head elections on The scope of the government

area in Aceh Province ", derived or derived from the Invite-

Invite Number 11 Year 2006 to precisely Article 1 of the number 7 and Article 1 of the number 9;

That between KIP Province with KIP Regency/City is one he news of the show on the afternoon of the day

13 December 2006 to KIP Regency Aceh Regency Southeast, with the handover

that is clear and no changes whatsoever;

That on the night of December 13, 2006 the witness was approached and

picked up by Sister Erdarina and Brother Dedi Mulyadi KIP members

The regency Southeast Aceh and bringing witnesses to the home of the Vice Chairman Service

DPRK H. Syech Ahmadin to A dark meeting. It turns out that inside

the car already has the Chairman of PPK Babul Rahmah of Saidi Amran and Brother

Jamidin. The meeting at the service house was to hold negotiations at

in order to change the recap that we had handed over to the KIP Secretariat

Southeast Aceh Regency. Against this event the Chairperson of the present

in the meeting stated that it would not be willing to change the recapitulation

that, but to neutralize the circumstances in order not to happen that

is not desirable, the witness is also Say yes. But upon returning to

the witness inn thought, if there was a change then would

destroy this country, the thought was also delivered to the Chairman

another PPK;

That the witness submitted The applicant ' s Usman Chairman PPK Lawei

Alas, making the recapitulation, is untrue. The right is the Chairperson

PPK made a deal with the PPK Chair ' s statement letter

signed nine Speaker PPK, hooked up with the acquisition of votes that

has made. Witnesses and other Chairman of the PPK never held

recapitulation changes.

Attraction Witness Terbegged II Saidi Amran

That in the course of the Pilkada, the witness serves as the Chairman

100

Member of PPK Babul Rahmah, who according to witnesses to the election of Pilkada Bupati

and Deputy Regent of Southeast Aceh Regency is felt and seen, in particular

in the witness district was going smoothly, safe, and orderly.

That after December 12, 2006 the witness held a plenary meeting

A calculation of the recapitulation results of the result of each subdistrict, which

was attended by all candidate candidates who gave a mandate to the witness,

member Panwaslih, a member of Panwas District, and public figures,

at the time not There was a letter of objection or responses

objections from all the witnesses to a candidate candidate. After the completion of the witness recapitulation

with the escort of some apparatus at Polsek Babul Rahmah directly ushered in

crates to the Southeast Aceh KIP along with other documents. with the mark

accept;

That upon completion of delivering all the logistics of Pilkada, the two witnesses

with PPK Chairman Semadam Brother Jamidin S, on the night of being invited

by Brother Dedi Mulyadi and Erdarina Members KIP of Aceh Regency

Southeast KIP Member of Southeast Aceh Regency for dark meeting, meaning

unknown to what its meeting is, and next we pick up the witness

Ahmat Irwansyah directly headed to a Vice President ' s house Chairman of the DPRD

Southeast Aceh Regency Mr Syech Ahmadin. Given the witness place

only two hundred votes, and the recap was already final as well as already given

copies to candidates for candidates and Panwaslih and the public already

knowing, then the witnesses did not dare to change it. Witnesses only

stated that they would be consulted with the witness members. Next event

is the same as the witness Ahmat Irwansyah has stated;

That about what witnesses said, the applicant Usman, is not true,

for being inducted into the recap signed also by the Witness

Usman is the result of receiving votes from each district according to

the result of the recapitulation submitted to the Southeast Aceh KIP. The creation

recapitulation referred to, as the night there had been a plenary meeting that asked

to remotest the recapitulation, as proof if there was a change

recapitulation at the back of the day, and its nature at that time was used. Only to

own people.

101

Attraction Expert Terbegged II Taqwadin, SH., SE., MS.

That according to the expert, the KIP is not a state institution as clearly mentioned

in the 1945 Constitution and the Rules of the Constitutional Court, and never

occurred earlier by the Acehnese people and the Acehnese representatives to

makes KIP a state institution. KIP exists only in Aceh and for

Aceh;

That its history in 2000 is conflict is peaking,

The general election is not a success because there are areas

that there is no Election, while the According to the regulations of the time

that the head of the area is chosen by the members of the DPRD, while the members of the DPRD

most are not from people who come from Elections that

take place in a good and safe way. There are some places that are on the menu

only followed by 30 or 40 percent, there are even areas that don't exist

The inspiration, from the matter of the matter, then comes discourse in circles

Acehnese people to do Pilsum (Election Directly) and

The discourse was later indicated on Act No. 18 of the Year

2001. In the meantime, the Act No. 18 of the Year

2001 was born due to the existence of Tap MPR Number IV in 1998 and then Number IV

Year 2000 that mentioned in the framework of the spirit of completion

conflict, then it was to Aceh. need to be given a special autonomy, which

then confirms by invitation;

That in Act Number 18 of the Year 2001 is mentioned, the election

the head of the area for Aceh takes place directly not through the members-

House members, then also possible presence of individual candidates.

For that then it is required an independent agency, the agency

that is independent that is called the Independent Election Commission. At that time the KPU

has not yet been present, the new KPU exists with the next regulations. Normatively KIP

first exists in comparison to the existing KPU in the Act

Number 12 of 2003, so that between KIP and the KPU is indeed a different portion,

the beds of the Fairness Of The "Fairness". KIP in particular to host elections

Governor/Vice Governor, Regent/Vice Regent, Mayor/Deputy Mayor.

Whereas for the election of the President/Vice President then elections

DPR, DPD and DPRD is the authority of the KPU;

102

That according to the expert, the dispute a quo is not a dispute between state agencies,

but more on the Pilkada dispute regime, and which has the authority

that is to examine, and cut the Pilkada dispute instead of Court

Constiters are appointed and dismissed by the President;

(3) Each The Minister is aiming for certain affairs in the government.

3. In the event of a governance dispute

State then the legal entity is required to be resolved through the Tata courts

The State Effort in accordance with Act No. 5 of 1986

on the Judicial Governance Law Country amended under the Act

Number 9 of 2004 on Changes to Act Number 5

Year 1986 about the Judicial of the State Tata Enterprises.

II. LEGAL STANDING (LEGAL STANDING) APPLICAasic Law and its rules, if

Indonesia is just the Basic Law. Third, original intent of the dispute

the authority is not the entry of one of the central government disputes

and the local government. In the case of a quo a little bit there

the colors between the provincial or county governments with the Home Minister and

the president. In a original intent that is not included as agreed, it is rejected,

aborted by the Basic Act's modictest. K4, in terms of

Election disputes including Pilkada, dispute settlement dispute must

better indeed be quick, because otherwise the administration would be very

interrupted and that is why it is constitutional and legal purpose/raison

d' etre of the creators of the Basic Law and the legislation

gives the competency to the Supreme Court as "priviliegetum forum"

106

or the first or last-degree trial, no more.

Mean, in order for the electoral dispute to be unwinnable to not

influence all manner of government functions. Fifth, with

confirms the Pilkada dispute forum in the Supreme Court, I am sure

The Constitutional Court again maintains the Constitution, re-oversees,

escorting the Constitution to avoid occurrence of unresource

crisis. Imagine that the dispute over South Sulawesi, the Supreme Court of Justice

The Supreme and the Constitutional Court differ from which direction continues

which will be followed? Thus, according to the expert, receiving a SKLN that

its one true dispute is the Pilkada dispute will open unresource constitutional

crisis, and will cause two possible rulings

the back of its essence. between the Constitutional Court and the Supreme Court that

has not found its way out. In terms of yusticial, in terms of

the judiciary, the Supreme Court cannot be a party to which it is the opponent

it is the Constitutional Court in the presence of the Constitutional Court.

The law already says SKLN on the Court Constitution, dispute

the authority of the Pilkada in the Supreme Court. Receiving SKLN will also

open the pandora box. There will be many other areas also

inserting the Pilcadal dispute in the Constitutional Court that resulted

there will never be a sting of the Pilkada dispute in many areas;

That expert conclusion, first, case a quo is the Pilkada dispute

ius constitutumwas still the authority of the Supreme Court, not

being a dispute over the authority of a state agency under the Act

Basic which is the authority of the state. The Constitutional Court. Second, even if

is considered an authority dispute, the Constitutional Court has legowo in

many occasions declare unauthorised, and hence the Court

The Constitution states it cannot accept.

Attraction Expert Terbeg II Mohammad Daud Yoesoef, SH., MH.

That the birth philosophy of the KIP itself is not in spite of the governing

Special Autonomy Act, which was strongly related to politics

the central government at the time, namely to accommodate the demands of the people

Aceh is mainly in order to resolve the conflict to realize

a peace of justice. Then there is a general election agency at

that time called the LPU. For the people in Aceh first, especially in

107

where an expert is also a member of the design team Act Number 18 of 2001,

LPU is considered unindependent, as members of the KPU are also

representing parpol-parpol instead of the independent society. Therefore,

to uphold the real democracy, and want that

candidate leader or district head candidate, then not only submitted by

Parpol but also given the opportunity to the individuals or Individuals

with abilities;

That according to the observation of the conduct expert Pilkada in Aceh actually

has been a success well, all regions or county districts in

Aceh is orderly and peaceful, except only In South East Aceh,

leaves the problem. The problem occurs because there are two roots

The problem, first, the acquisition of the number of votes who will win.

Second, the issue of KIP's Southeast Aceh KIP member stops

Nanggroe Province Aceh Darussalam. According to expert observations, because KIP

is a non-national institution, only specifically for Aceh that

is given the authority to host regional elections.

Therefore, in accordance with the book. written by Prof. Dr. Jimly

Asshiddiqie, S.H. is mentioned if the electoral institution is not a national,

independent, and included that was not intended by the 1945 Constitution. Because

it is, the expert views that the KIP does not belong to the institution that

its authority was intended by the 1945 Constitution. Of both the root causes

, the expert agrees with the expert Denny Indrayana, the case a quo

is the Pilkada domain. So it must be resolved by the Supreme Court of Justice

Great;

That the issue of interchange of time is certainly a common matter in

a general election that is already a member of the legislative body, there

being replaced and So forth In relation to the acting Pilkada in

Nanggroe Aceh Darusalam, KIP Aceh Southeast Asian member is Member

KPU ex officio became a Member of KIP. While the stop is

the stop function of KIPs from the members. As a Member

The KPUs remain as members of the KPU. It is thus unlikely KIP

The province immediately replaces, as ex officio member KIP is

also a member of the KPU.

108

[2.7] Draw that Please III have given the written caption that

submitted at the trial dated December 11, 2007, outlining as

following: I. UMUM

1. The holding of the Government under Article 4 Verse (1) and (2) of the Constitution

1945 The following reads:

(1) The President of the Republic of Indonesia holds the rule of government

according to the Basic Law.

(2) In performing The President's obligation is aided by one person

Vice President.

2. Then it is also set in Article 17 Verse (1), (2), and (3) of the 1945 Constitution which

states:

(1) The President is assisted by the Minister of State;

(2) The Minist>have the authority set the candidate head of the area, setting

the winner of the head of the region and beyond. But once the inauguration is done

then that there is no longer the electoral regime, but the government regime

so that the KPUD cannot ask for an elected regional head stop,

because it is already a regime government, if want

dismissed then who played instead of KPUD but impeachment proceedings.

The legal fact is now the Regent/Vice Regent is already sworn in, thus

already entered into the governmenttioners Do Not Carry Out Their Duties As Appropriate. 10. That to guarantee the election of the Regional Chief/Deputy

Head of the Southeast Aceh District of 2006 as a means of

115

The exercise of the sovereignty of the people has been set up in the rules of the invite-

invitation and has also set the schedule of the organizers stage.

As the Pilkada organizer based on the Commission Decision Letter

Independent Elections Provinrties, the Regent and the Vice Regent of Southeast Aceh Regency

reject the proposals that mention the applicant I and

the applicant II as the state institution whose authority is given by

the 1945 Constitution. Applicant I Independent Commission Election of Aceh Regency

Southeast and Applicant II Council of the Regency of Aceh Regency

Southeast has no authority granted Iangsung by UUD

1945, as is the dalil plea of para The applicant itself

explains that the basis of the applicant's authority for

organizes the Southeast Aceh Vice Regent/Deputy Regent's authority, and

the authoring of the applicant II to propose the appointment of the Head

Regions and Vice The head of the Southeast Aceh Regency Region is

based on Law No. 11 2006 on

Aceh Government, and Qanun Aceh Number 7 Year 2004 on

Second Amendment to Qanun Number 2 of 2004 on Election

Governor/Vice Governor, Regent/Vice Regent and Mayor/Deputy Mayor

in Nanggroe Aceh Darussalam Province;

4. That the existence of the Independent Commission Election of Aceh Regency

Southeast was formed by Beg I, by Decision of the Independent Commission

Election of Nanggroe Aceh Province Darussalam Number 15 Year 2005

About the Establishment of KIP Regency Southeast Aceh, July 16

2005. Thus erroneously and wrongly postulate the applicant at point 19

Page 8 underlying the authority of the applicant I on the Decree

General Election Commission Number 381 of 2003 on the Rapture

Member of the Election Commission Southeast Aceh Regency, because

in case a quo applicant I was acting to name

Independent Commission of Southeast Aceh District Election, so Letter

Decision of appointment as a member of the Commission General Election

Southeast Aceh Regency could not be made a basis for H. Rasitoe

Desky to name the Independent Commission of County Elections

Southeast Aceh;

5. That is based on Election Independent Commission Decree

Nanggroe Aceh Darussalam Province No. 10 of 2007, May 11

113

2007 H. Rasitoe Desky has been dismissed from the position of Chairman and Member

Independent Commission Election Commission of Southeast Aceh Regency, so that H.

Rasitoe Desky since the decision of his dismissal has no longer had a

more authority to act and name the Commission

Independent of Southeast Aceh Regency Elections, namely as Applicant I

in the a quo plea;

6. That erroneously and incorrectly ruled the applicant who declared the position

The applicant II of the state that is in the area, since the DPRD

Southeast Aceh Regency is only the Government element

The area, so as to be able to Calling it "Local Government

Southeast Aceh Regency" should be DPRD Southeast Aceh Regency

in the a quo plea must act together with

The Government of the Southeast Aceh Regency;

7. That if a a quo is faced with the provision

the implementation of the Constitutional Court's authority to cut the dispute

the authority of the state institution that the authority of the authority is granted by the Constitution

1945, as the condition:

-Article 24C paragraph (1) of the Constitution of 1945 and Article 10 paragraph (1) letter of an invite-

Invite the Constitutional Court to state that, " Court

Contitusi authorities prosecute at first and last level

The verdict is final to test the Act against the UUD

1945, severing the Jurisdiction Of Authority State agencies

its authority is granted by the Basic Law, severing

the dissolution of the Political Party, and severing the results of disputes about the results

general elections ".

-Article 61 The Constitutional Court of Justice determines that

between the authority and legal position (legal standing) the applicant

is inseparable, which further reads, " (1) The applicant

is The institution of the state whose authority is granted by Invite-

Undanq Basic State of the Republic of Indonesia in 1945 has

direct interest to the disputed authority.

(2) The applicant is required outline clearly in his request

about the immediate interest of the applicant and outlining the authority

114

is disputed as well as a clear mention of the institution that

be implocuted ".

- Article 2 Verse (1) Constitution of the Constitutional Court Number 08 /PMK/2006,

which specifies that, " The state institution that may be

the applicant or is asked in a matter of dispute of authority

the constitutional institution of the state is a. " People's Representative Council

(DPR); b. District Representative Council (DPD); c. Assembly of Consultative Assembly

People (MPR); d. President; e. Financial Inspector Body (BPK);

f. The Regional Government (Pemda) or g. Other state institutions

Its authority is granted by the 1945 Constitution ".

then hence, subjectum litis and objectum litis application a quo does not meet the requirements to be categorised as an authority dispute

The State Institute in the Constitutional Court;

8. That the Independent Commission's authority of the Election of Aceh Regency

Southeast to perform Recapitulation of Sound Counting in

Election of Regional Head and Deputy Head of Regional Aceh District

Southeast and Council authority County District People's Representative

Southeast Aceh to present the proposal of confirmation of the appointment

the head of the area to the Minister of the Interior through the Governor is

the authority granted by the Act, not the authority

given by UUD 1945;

9. That the Related Party's propositions are in agreement with

considerations of the Constitutional Court Number 004 /SKLN-IV/2006 and

No. 027 /SKLN-IV/2006 which at the Constitutional Court's point have been

establishment that the authority of the proposed appointment of the head of the area

county is the substance which the 1945 Constitution submitted

its rule to the law. Therefore, the Constitutional Court

The Constitution does not have the authority to examine, prosecute, and

disconnect the state agency's authority dispute that

is submitted by the applicant;

C. The Peti . Subjectum litis and Objectum litis Plea a quo does not meet the Requirements as Disputes of State Agency Authority in the Constitutional Court.

2. That the Applicant Requests are a dispute

The authority of the State Agency submitted by H. Rasitoe Desky

by naming the Independent Commission of Aceh Regency Election

Southeast as the applicant I, and the Council Regional People's Representative

Southeast Aceh Regency as Applicant II. Thus the

question is whether the Pernohon a quo can b to follow up;

26. That should be the applicant II, the Regency House of Representatives

Southeast Aceh in the middle of time 3 (three) days after receiving

a decision that sets the Relevant Parties/Deputy Regent of the regency

Southeast Aceh soon pass it on to the Governor of the Province

Nanggroe Aceh Darussalam to be proposed to the Interior Minister

The country, as determined by Article 109 paragraph (4) Act

Republic of Indonesia No. 32 Year 2004 juncto Article 100 Verse (2)

Government Reguast hams null and void for law;

c. All of the Recapitulation documents the Results of the Voice that

attribute the Southeast Aceh KIP was signed by H. Rasitoe

Desky and dated 14 May 2007, which means the document was made after the dismissal of the concerned, so that the legal product

in the form of recapitulation results of the calculation and the designation of the pair

the candidate of the Regent and Vice Regent Elected the Pilkada Southeast Aceh Year

119

2006 by naming KIP Aceh Tengara should be viewed

brick! by law, which means juridically the product must

be viewed as brick! or non-pemah exists and has no effect

law;

d. Submission of objections to the recapitulation of hash

counting votes and the setting of the spouse of the regent and Vice

The elected regent who is the subject of dispute in this case is

premature because recapitulation results counting votes and assignments

spouse of Regent and Vice Regent Selected in Pilkada Aceh Southeast 2006 should be viewed as having been seen yet to be issued

by the agency in accordance with regulations ()

so on the basis of such consideration then the plea

The applicant is not acceptable.

19. That in consideration of the Law of the High Court Banda

Aceh No. 11 /PILKADA/2007/PT BNA it has been stated that

The decision to establish the prospective partner H. Armen Desky/H.M. Salim

Fakhry as the Prospective Spouse Regent/Deputy Regent of Aceh Regency

Southeast Elector is invalid and null and void, as it is made

by persons who are already dismissed from the position of Chairman and

Members of the Southeast Aceh Regency KIP, so that

H. Rasitoe Desky dkk no longer has the capacity and authority again

to publish a decision that says KIP Regency

Southeast Aceh. Therefore, it should be the Provincial Assembly of the Regency

Southeast Aceh could not submit the proposal of the designation of the Candidates for the Nomination

H. Armen Desky/H.M. Salim Fakhry as the Prospective Spouse/Deputy

The Regent of Southeast Aceh Regency Selected;

D. The Settlement of the Pilkada Settlement of Southeast Aceh Regency. 20. That on the matter of Pilkada of Southeast Aceh Regency, next

with facilitated by Terbeg II Governor of Nanggroe Aceh

Darussalam with elements of MUSPIDA Province Nanggroe Aceh

Darussalam, MUSPIDA Regency Southeast Aceh, Independent Commission

Election of Nanggroe Aceh Darussalam Province and Supervising Committee

Election Nanggroe Aceh Darussalam to discuss the issue

settlement and continuation of the South East Aceh Pilkada stage, which on

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dated 23 May 2007 resulted in Decree of the Provincial MUSPIDA Meeting

Nangqroe Aceh Darussalam, MUSPIDA Southeast Aceh Regency,

KIP Nanggroe Aceh Darussalam and Election Supervising Committee NAD,

that is With regard to the Kelaniutan Tahapan Pilkada Aceh Southeast Aceh

it was decided to be carried out by the Independent Commission Election

Nanggroe Aceh Darussalam Province and supervised by Panitia

Election supervisor of Aceh was due to debate it. June 20, 2007

The results of the suppressor are delivered to the Regency of Aceh Regency

Southeast to be forwarded to the Interior Minister of the Republic

Indonesia through Governor Nanggroe Aceh Darussalam;

21. That the decision of the MUSPIDA Meeting of Nanggroe Aceh Darussalam Province,

MUSPIDA Southeast Aceh Regency, Election Independent Commission

Nanggroe Aceh Darussalam and Election Supervising Committee

Nanggroe Aceh Darussalam. Follow up with the Letter

The Joint Decision of KIP Province Nanggroe Aceh Darussalam and Panitia

Election Superintendent of Aceh Number 12 Year 2007 and Number 61/Panwas

AcehN/2007 dated 24 May 2007 on the Settlement of Tahapan

Southeast Aceh Board of Regents and KIP Decision Letter

Province Nanggroe Aceh Darussalam Number: 13 Tahun 2007 dated 28

May 2007 on Tahapan and Schedule Settlement Election

Bupati/Vice Regent of Southeast Aceh;

22. That at the dismissal of the Chairman and all members of the Regency KIP

Southeast Aceh, the provisions of the law are Qanun and regulations

Other negotiations provide authority to KIP

Nanggroe Aceh Darussalam Province which is a level KIP in

upon it to execute the unimplemented stage of the KIP

Southeast Aceh Regency, as the provisions of Section 122 Verse (3)

Act No. 22 of the Year of 2007 determine if it is possible

things that resulted in the Provincial Election Commission or the Kornisi

District/City Elections cannot perform its duties,

the staging stage for the elections is temporarily implemented by

The Electoral Commission is level above;

23. That is based on the Recapitulation of the Election Results of the Committee Level

District Elections (PPK) in Southeast Aceh Regency which

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is based on the Result of Sound at the polling place

Voice (TPS) in Southeast Aceh Regency, then Please I correspond

Letter of the Independent Commission Election Nanggroe Aceh Election

Darussalam The number 15-year 2007 date of June 11, 2007 has been

decided and set the Candidate Couple Ir. H. Hasanuddin B, MM

and Drs. H. Syamsul Bahri as Bupati/Deputy Regent of Aceh Regency

Southeast Selected (in casu Related Parties) with votes

by 33,091 votes (36.75%);

24. That the Decree of KIP Province Nanggroe Aceh Darussalam Number

15 Years 2007 dated June 11, 2007 that decided and set

The Related Parties to the Regent/Deputy Regent of Southeast Aceh Regency are not pemah

aborted the institution The judicial, proven Kutacane State Court has

issued a Letter of Interest Number W1.Dm.HT.04.01-198 dated 16

June 2007 of the absence of the candidate submitting

The lawsuit/objection to the designation of the provincial kIP Nanggroe Aceh

Darussalam Number 15 Tahun 2007 dated 11 June 2007;

25. That is the Independent Commission of the Election of Nanggroe Aceh Province

Darussalam on June 12, 2007 handed over the News Show

Recapitulation The Results of the Sound Count to the Chairman of the Board

People's Representative of the County Southeast Acehstill within the timeframe and set of the way in

The Supreme Court Regulation No. 02 of 2005 has filed

A legal attempt of Objection in the High Court of Banda Aceh through

The Panicyness of the Kutacane State Court, whose role has been severed

by the Court Height of Banda Aceh with Disorder Number

11 /PILKADA/2007/PT.BNA, which states The applicant's request

(Related parties) cannot be accepted with the legal considerations as

following:

a. The Assembly of Judges in order to review its legal or legalst.

the authority between the applicant I against Terbeg I, as it should be which

sets out and issues the News Event Results Event

The Regent/Vice Regent of the Southeast Aceh Regency is the authoring of the applicant I,

but taken over by BEG I, and the proposal of appointment and assignment

The Regent/Vice Regent is elected to the Regent/Deputy Regent of Aceh Regency

Southeast, which is supposed to be the authority of the applicant II has been taken by

Terbeg II, so the Enactment Appointment Of The Southeasng the completion of the proposed authorization file

Appointment of the Regent and Vice Regent of Southeast Aceh Regency. This

in accordance with the Foreign Minister's Letter of the Interior Number

120 /1559/SJ on 27 June 2005 addressed to the Governor/Bupati/

Mayor, Chairman of the DPRD Province/Kabupaten/City, Chairman of the Provincial Election/

District/City All of Indonesia on the Delivery of the Election Results

Regional Head and Regional Deputy where it is expressly said

that, " If the Chairman and Vice Chairman of the DPRD are unable to implement

of his duties, the Governor convees the proposal. passage of appointment

bupati/deputy regent or mayor/deputy mayor to the Interior Minister

The country based on the electoral file delivered by KPU

county/city ";

36. That further Interior Minister of the Republic of Indonesia should

authorize the appointment of the Regent and Vice Regent of Southeast Aceh,

due to the proposed passage and appointment of Ir. H. Hasanuddin B, MM and

Drs. H. Syamsul Bahri as the Regent and the Vice Regent of Southeast Aceh

has been equipped with the requirements as defined

applicable laws;

37. That based on the legal facts underlying control

The Related Parties are above, then reasonable enough to dispute

the applicant ' s control on fundamentum petendi nor the whole

petitum, in particular concerning the authority dispute that states

that Independent Commission Election Nanggroe Aceh Darussalam,

Governor of the Province of Nanggroe Aceh Darussalam, and Minister of the Interior

The Republic of Indonesia is not authority and/or have exceeded the limits of

The authority is unwarranted and it is appropriate to

be ruled out;

Based on legal reasons above, the Related Parties of the Regent and the Vice Regent

Southeast Aceh pleads to the Supreme Court of Justice

126

The Constitution examining, prosecuting, and severing this case may

drop the ruling to Reject the applicant's request entirely, or at least declare the request for the petitioners not to received.

[2.9] Draw that Please III do not submit written evidence,

and neither filed any witnesses nor experts, despite having been given the opportunity

for that;

[2.10] Weighed That The Petitioners, Please I, beg II, and

Direct-related parties have submitted their conclusions respectively

received in the Court of Justice on January 30, 2008, January 31,

2008, and February 6, 2008, which at the point remained in the control of each-

respectively. Whereas the Terbeg III does not submit conclusions even though it has been

given the opportunity for it;

[2.11] It is given that to shorten this ruling description, all

something happened at the trial was appointed in the News Event The trial that

is one unity with this ruling;

3. LEGAL CONSIDERATIONS

[3.1] Draw that the intent and purpose of the a quo application is

as described above;

[3.2] A draw that there are three legal issues to

consider the Court. Constitution (later called the Court) in

This case, i.e., the issue of the Court of Justice, the legal issue

(legal standing) of the petitioners, and the subject matter of its appeal;

The authority of the Court and the Occupation of the Law of Justice (the Law of Justice) Law (Legal Standing) The Petitioners

[3.3] A draw that the petitioners in his application are postured

things as follows:

127

a. That there has been a dispute over the authority of the state agency between the applicant I

the Independent Commission of Elections (KIP) of the Regency of Southeast Aceh, the applicant II

The Council of the People's Representative of the Regency (DPRK) of the Southeast Aceh, against

Beg I Commission Independent Election (KIP) Provincial Level Nanggroe

Aceh Darussalam (NAD), Terbeg II Governor of NAD Province, Terbeg III

President of the Republic of Indonesia c.q. Minister of the Interior of the Republic of Indonesia.

Pied yang Such disputes by the Applicants Are Postured as

the institution of the country that His authority was granted by the Constitution of 1945. Dispute

The authority occurred due to the authorization of the applicant I to

organize the selection of Regional Heads in the Aceh Regency environment

Southeast and which has started the Plenary Meeting of the Pilkada vote.

The Regent/Deputy Regent of Southeast Aceh Regency in 2006, was interrupted

as a result of the protests of the changed silt

in the anarchist act, which was carried out by the mass of one of the candidates,

resulting in a delay of the advanced plenary process

vote count KIP Southeast Aceh Regency;

b. That after the KIP intervention NAD Province requested

to the Kapolda NAD to order the termination of activities

the vote tally of the Pilkada Bupati/Deputy Regent of Southeast Aceh Regency,

and then Kapolres 108 Southeast Aceh Regency suggested that

the recapitulation process is held in Banda Aceh, then KIP

NAD Province (Terbeg I) has issued the News Event Recapitulation Results

The Selection of Election Votes/Vice The Southeast Aceh Bupati, which

sets Ir. Hasanuddin B., M.M. and Drs. H. Syamsul Bahri as

spouse of the Regent/Deputy Regent selected Southeast Aceh Regency.

The decree was rejected by the applicant II, as the applicant I had

set in the News Show Recapitulation of the Sound Election

The Southeast Aceh Vice Regent as the winner is H. Armen

Desky and H.M. Salim Fakhry, which have been passed and proposed Pemapplicant II

to Terbeg III via Terbeg II to be appointed as Regent/Vice

The Regent of Southeast Aceh Regency;

c. That without the proposal of the Southeast Aceh DPRK II, Terbeg II

Governor of the NAD Province, send a letter to the Minister of the Interior

(Terbeg III) to establish Ir. H. Burhanuddin B., M.M. and

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Drs. H. Syamsul Bahri is each as a Regent and Vice Regent

Southeast Aceh Regency, while such a proposal is the authority

DPRK of Southeast Aceh.

[3.4] Draw that the Applicant's postures about a dispute over a dispute over the pa

34. That to meet the Pilkada process in accordance with regulatory provisions

applicable law I Independent Commission

Election of Nanggroe Aceh Darussalam Province has submitted to

DPRD Southeast Aceh Regency for passed on to the Governor

Nanggroe Aceh Darussalam province, but the Aceh Regency district

Southeast refused to pass it to Governor of the Province

Nanggroe Aceh Darussalam to be proposed a designation of designation

Ir. H. Hasanuddin B, MM and Drs. H. Syamsul Bahri as Regent/Vice

>make a switch against the entire member, then the county KIP

that counts back on the basis of legislation and qanun; if

Act No. 22 of 2007, can be raised one level

to the top to complete, but the case is not a sound dispute;

That please express itself firmly in saying that the provincial KIP and

KIP district is not a KPU, being referred by KIP province is

Act The 2007 22-year-old is the KPU, so with

that logic is difficult to accept. The proposal process is next to

the last recap assignment was annt with the subject request:

-Termonon II does not take charge of the Applicant Ii, as it has

there was a violation of the authorization of the Pilkada implementation by the applicant I and

132

The applicant II so that the norm procedure is specified in the qanun and

the statute cannot be implemented, requiring that the Terbeg I and

Please II continue the pending Pilkada stage;

-that According to Qanun Province NAD Number 2 of 2004, then

The calculation of the vote was made by the District Election Committee (PPK),

while the applicant's authority was to resurrender the amount

the sound of the sound counting votes that PPK.

[3.6.3] Please III, Minister In Negeri Republic Indonesia.

That the applicant has no interest in the authority that

is disputed because the applicant has named the state institution, that is

as the Independent Commission for the Southeast Aceh Regency Elections and

Council Southeast Aceh Regency People's Representative, while there are some

reasons to be met, first, The applicant must be a state institution, second, the agency states it must be mentioned or loaded in UUD 1945; third, the state institution must has authority; fourth, the authority must be sourced or derived from the 1945 Constitution; fifth,

The applicant must have direct interest to the authority

sourced from the 1945 Constitution;

• That of the People's Representative Council of Southeast Aceh Regency, not

is a state institution whose authority is granted directly by

Constitution of 1945, but through Act No. 32 of 2004 on

The Local Government, and Government Regulation No. 6 of 2005

on Election, Unrest, Appointment and Head Stop

Area and Deputy Regional Head;

The disputed authority is regarding the authority

Please III in appointing and authorize the Bupati/prospective spouse

Count Selected from the applicant II through Beg II, where the proposal is

in accordance with the recapitulation of the calculation done by Terbeg I.

Please III as the state institution is already appropriate in action

administration is to appoint and validate the Regent and Vice Regent of Aceh

Southeast in accordance with the following: with an invitation;

That it concerns the takeover of the applicant I by Terbeg I,

it has been in accordance with the rules of the law in effect, due to the applicant I

133

cannot carry out the task and function as organizer

Election Head of the Southeast Aceh Region. Election Independent Commission

The Southeast Aceh Regency Level is explicitly unregulated in the Constitution

1945, so that it is constitutionally filing the approval of the Regent and Vice

Bupati Aceh Southeast period 2007-2012, it has been appropriate with an invite-

invite.

[3.6.4] The Party Related to the Disappointed/Diliques.

That based on the Decree of the Home Minister Number 131.11-347

In 2007, the Related Parties have been sworn in and run the duties of the Regent

and the Vice Regent of the Regency of Southeast Aceh, so that it is legally

interest to maintain the decision of the DECIDED in

case a quo;

That the existence of the Independent Commission Election of Southeast Aceh Regency

was created Please I with the Decision of the Independent Election Commission Province

Nanggroe Aceh Darussalam Number 15 Year 2005 on 16 July 2005,

therefore erroneously and wrongly postulate the applicant based the authority

The applicant I on the Election Letter of the General Election Commission Number 381 of the Year

2003 on the Appointing of the Member Election Commission of the Regency

Southeast Aceh, because in the case a quo The applicant is acting and

naming the Electoral Commission of Southeast Aceh Regency,

despite the Decree as a member of the District Election Commission

Southeast Aceh cannot be made basic;

That the Southeast Aceh KIP applicant does not carry out its duties to

perform the Recapitulation of the Regent/Deputy Election Vote

The regency of the Southeastern Aceh Level and set as well

announces the Regent/Vice Regent Selected, instead it works similarly

with the Applicant II Southeast Aceh Regency People's Representative Council

attempt to thwart the Pilkada which has been accomplished by issuing

Decree No. 270 /488/XII/2006 dated December 22, 2006 and

then repaired again with Surat Decision Number 270 /494/XII/2006

with intent to conduct Pilkada repeat;

That the Pilcada is planned by the applicant not

approved by the Minister of the Interior as it is called in his letter

134

Number 131.11/427/SJ on February 26, 2007 to the Governor of the Province

Nanggroe Aceh Darussalam, confirming that, no Pilkada

re, KIP's obligations carry out the Pilkada stage in a timely and untimely way.

for the DPRK and the Southeast Aceh KIP did not violate the terms of the invite-

invitation.

[3.7] A draw that in support of its application, the applicant

has submitted evidence tools that were assigned the P-1 to the

P-17, as well as the Evidence Annex 1 to 44, as well as experts and witnesses, who

each has provided the details are contained in the

Section of Perkara, which is at its bottom as follows:

[3.7.1] Experts Prof. Dr. M. Ryaas Rasyid.

That is whether the DPRD is as a The state institution or not, indeed.

The debate to this day, but if it is the route. constitution, then in

Article 18 of the Constitution of 1945, the DPRD is mentioned either as part of the Government

Regions and as a legislative body that has its own authority,

although indeed in UUD it is not mentioned Its authority, it

further elaborated in the Act on Local Governance;

That which experts learn in this case, the subject matter is

The decision of the provincial KIP that dismissed the entire KIP member district

to take over all responsibility counting votes and

The authorization to announce the results of the Pilkada level. The question

is the KIP authority to take over, why for example not

Nanggroe Aceh Darussalam.

The applicant and PLEASE are not a state institution that

its authority is granted by the Constitution of the Republic of the Republic

Indonesia Year 1945;

That the issue of authorizing authority to be appointed to the head of the head

the area is good for provincial and county areas/cities are the

of the substance or mandate of the legislation governing about

Regional Governance and Regional Regulations/Qanun, as specified

in Law Number 11 of tht the Chairman of the PPK and it was not there

compulsion, that the result of such recapitulation was as the result of every

Speaker of the PPK and see the pantau board at KIP regarding the votes that have been

announced.

[3.8.7] Witness II Saidi Amran.

That as the PPK has executed all the stages of its duty

given by KIP Southeast Aceh Regency, up to the 11th

December 2006 the decoblosan day the state is still safe, all the ballot boxes

and other documents from the polls to the subdistrict where the witness becomes

The Speaker of the PPK is running smoothly;

That then after December 12, 2006 the plenary meeting

calculation of the results of the recapitulation results of any subdistrict

attended by all candidate candidates who gave a mandate to the witness,

then a member of Panwaslih, a member of Panwas District as well as attended

several public figures, neither a letter of objection nor

response-response The objection of all the possible candidate witnesses at the time

that. After completion of the recapitulation with the escort of some apparatus from Polsek

Babul Rahmah, deliver the crates directly to the Southeast Aceh Regency KIP

along with other documents and submit all the logistics to

The KIP of the County Southeast Aceh with a receipt.

That same as witness Ahmat Irwansyah, witnesses were also encountered by sister

Erdarina and brother Dedi Mulyadi, member of KIP Southeast Aceh Regency,

for negotiations of recap changes, but witnesses rejected.

That hooks up with the recapitulation made and typed by the witness Usman,

it is a copy of the submitted recapitulation to KIP

Southeast Aceh Regency, given the darkened meeting

we were to remotest the recapitulation.

[3.8.8] The Begged Witness of Andi Railan Bangko MD.,S.T.

That the governor/deputy governor election, is regent/regent done

simultaneously, and at the time of the election no one is tampering and all

running smoothly, safe, orderly-marked with the entry of all results

152

calculations from TPS-TPS to witnesses, and no objection from witnesses

participants as well as all signed at any polling station;

That after all the recap counts of TPS-TPS entered to the witness,

witnesses carrying out the recapitulation with four witness members, where on

the 12th December 2006 finished recapitulation, and no

objections from the witnesses, and then made the recapitulation in the double

five, which first, submitted to KIP Southeast Aceh Regency.

Second, to Witnesses. Third, to Panwaslih district, which

the fourth is prepared for the provincial KIP which will resume KIP county,

while the fifth is for the archive;

That was on December 12, 2006 in Darul Hasanah District after

completed performing recapitulation, sound box and all device tools

election Pilkada, witness handed over to KIP Secretariat Aceh Regency

Southeast. After that date from December 19, 2006, to December 20, 2006,

was to brand the vote count. Then witnesses were invited

to recruit a vote count at the governor ' s level, and finished

the 20th of December 2006 it was also. Done recapitulation that, witnesses were told by members of the Southeast Aceh Regency KIP not to go home

first, for a plenary meeting of the recapitulation of Aceh Regency level

The southeast of the next day; it was finished The recapitulation of the governor's rate, the meeting

meant not for the recapitulation of the county level, but the Chairman

and members of the Southeast Aceh Regency KIP asked us to

sign the Pilkada recommendation, that night witness saw his letter

already exists, but not the witness who made it, and because Witness felt

The meeting was not correct anymore, a direct witness came out of the plenary;

That next December 22, 2006 Southeast Aceh Regency

issued three controversial letters in which it was wrong. One letter letter

Decision Number 70 /488/XII/2006 where one of the points said

"based on the results of the recounting plenary based on the results of the meeting

plenary recommendation of PPK", when we never did pleno

recapitulation for the recount of re-votes on TPS-TPS. At all polling stations in

a witness area for as many as 28 polling stations, everything went well and smoothly, orderly.

On December 23, 2006 witnesses and six Chairman PPK issued

a rebutted statement letter that never had a plenary meeting PPK.

153

That on December 23, 2006, witnesses were invited to

pleno recapitulation of the vote count on the GOR which the meeting

was dissolved by the police apparatus, due to KIP Regency of Aceh Southeast

is thought to have violated laws or regulations by opening

the ballot box and counting back. The witness received an invitation

dated April 2 to April 7, 2007, it turned out to be re-opened

the box and then stopped by the Police;

That based on the violations committed by KIP

Southeast Aceh Regency then on May 11, 2007 KIP Regency

Southeast Aceh was dismissed by KIP Province NAD, and after which it was a witness

received the Southeast Aceh Regency KIP Decision Letter

issuing a recapitulation vote counting on which has won

one of the candidates, and the witness view of the recapitulation that the witness made has

changed and did not know who changed it;

[3.8.9] Witness Requesting I Rahmat Fadil SP.

That witnesses were members of the Panwas Province of NAD, and the beginning of the matter that

occurs in Aceh Southeast Aceh witnesses observe and supervise up to ten days

after the vote throughout the Southeast Aceh TPS, and KIP Aceh

The Southeast does not finish in the sense of not counting on the level

county. It was the first violation of the KIP Southeast Aceh Regency that

failed to run its task, because if the reasons were security, there should be

a capt from the Police Service, which at the time did not get it.

That according to the witness did not there are reasons to stop the counting

votes at the county level, even the President may not

stop it. As a result the process lasts for some time

so up to months, so NAD Province's KIP is coordinating

with various parties including Muspida and also asking to Panwas.

In the middle of the road are looking the sudden solution of the Southeast Aceh KIP makes

a repeat of the voting statement, despite the witness ' s knowledge according to

the rule of the matter is not justified, as it is not KIP authority tidied

The county in this case KIP Aceh Southeast;

Since this is a violation, Panwas Provincial NAD then wrote to

KIP of NAD Province, and the NAD Provincial KIP finally demanded the formation of the Board

after returning to the witness inn and the 3 Speaker of the PPK thought that

there was a change then we destroyed our country. Thought

that, then delivered to Usman's brother Chief PPK Lawei

Alas (witness to the applicant);

151

That the 9 Chairman of the PPK never held a change of recapitulation, which

there only made a letter of statemene-break-after:always">

154

Conduct, and then the Board of Conduct is coordinating with KIP, Muspida and

Panwas, in search of a solution. In the meantime, there goes the demo-

demo. While completion has not been found, May 11, 2007 KIP

Southeast Aceh Regency was dismissed by KIP Province NAD and

further KIP Province NAD continued its delayed stages. Pursuant to

with the NAD Provincial KIP Decree No. 11 of 2007 on

The Host of the Regent Election/Vice Regent is determined, that

if the Governingtion

the country referred to by Article 24C Clause (1) of the 1945 Constitution, Section 61 of the UUMK, and

PMK Number 08 /PMK/2006. It is true that Article 22E of the 1945 Constitution states

that elections are held by a general election commission which

is national, fixed, and independent, so provincial KPU /kabupaten/city

is a part of the KPU, but the constitution of the state is not a member of the Constitution. The existence of the existing KIP when the Invite-

Invite Number 11 Year 2006 is promultable, only related to the task

the municipal elections/kabupaten/municipal elections in the NAD are executing

its membership is all over the Provincial KPU member/kabupaten/

city plus two characters society;

[3.14] Draw that with consideration and reason as well

it can be determined that the KIP authority to host elections

the head of the area with all the existing stages, ranging from planning

Election, participant registration, staging of voting,

voting counting and the setting of sound counting, is not

is objectum litis that is the jurisdiction of the Court. In any case

unwarranted and without the legal basis of the NAD Provincial KIP

take over the stages of the election which is viewed as not

may be implemented by the KIP of the Southeast Aceh Regency or due to a member and

158

The chairman of the Southeast Aceh Regency KIP has been dismissed, the dispute over authority

so remains it is not an authority of the Court;

[3.15] It is tied that in on that, the DPRK Southeast Aceh is which

together with the head of the area as the Government of the Local Authorities

to organize and take care of the Government's own affairs in the run

autonomy of its breadth, which is therefore entitled to establish the Regulation

Regions and regulations another to exercise such autonomy, whether with

so DPRK Aceh Southeast is the state institution in question

as the subjectum litis of a dispute over the authority before the Court. For

answering the issue, the Court is based on the Number

027 /SKLN-IV/2006 stated, " ... the authority of the proposal of the appointment of the head

county district, is the substance by which the 1945 Constitution passed its rule.

to the legislation. " UUD 1945 only gives direction (guidance) and

affirmation to the law-forming that in forming an invite-

invite that governs the government of the region-forming legislation

must pay attention to:

i. that the governance of the region, both provincial and county/city, governs

and takes care of its own affairs of government according to the principles of autonomy and duties

the enlarging [Article 18 Verse (2)];

ii. that the autonomy run by that region's government, both the government

provincial and county/city areas, is the vastness, unless the business

by the legislation is determined as a Central Government affair [Article

18 Verse (5)];

iii. that regional head (both provincial and county head)

must be elected democratically [Article 18 Verse (4)];

iv. that to exercise autonomy and the duties of the host, local government

reserves the right to establish field rules and other rules;

v. meanwhile, the word "in law" in Article 18 paragraph (7) Constitution of 1945

is to refer to the laws governing the government

the area as referred to by the provisions in Verse (1) of Article 18 of the UUD

1945.

Thus, either reviewed from objectum litis nor subjectum litis

the dispute over authority submitted by the applicant II is not a dispute

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the authority of the state institution as referred to by Article 24C paragraph (1)

Constitution of 1945 juncto Section 10 Verse (1) letter b of the MK Act;

[3.16] Draw that subject matter in the dispute of authority

state institutions is a matter of authority, which must be closely associated

between the subject of the disputes between the disputes and the state institutions

exercising the authority, i.e. whether the authority granted

by the Constitution of 1945 to the institution of the country has been taken over, debarred or

reduced by action, the decision or policy of other state agencies as

the exercise of its authority, which also states to acquire its authority

it from the 1945 Constitution. However, it has been revealed to the Court that either

the applicant II or Terbeg II, each based itself on

the authority granted by Law No. 32 of 2004 on

The Local Government and the Act No. 11 of 2006 to him,

thus the disputed authority being

objectum litis among the applicant II, Terbeg II and Beg III in the matter

a quo, is not the authority set up and given by UUD 1945 to

each party, and hence also not a dispute of authority that

becomes the Court's duty to examine, prosecute, and decide;

[3.17] Draw that thus, in considering whether

The applicant has a legal standing for submit a request and whether

a a quo plea includes the Court ' s authority to be controlling it,

is an inseparable thing. By using the size and

criteria described above, the applicant I and II did not qualify

the legal position and the authority dispute filed instead of

the authority of the Court;

[3.18] The draw that, with regard to things revealed

in the trial and irrespective of unreservists subjectum litis and

objectum litis in the plea a quo, but given the number of cases-

the case disputes related to Pilkada in various potential areas

for misunderstood as a dispute over the authority of a state agency that

submitted to the Court, then the Court viewed the importance of the need

the wisdom and actions of all related parties to be quick and perceptually

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follow up any report on any perversion in the

election of the Pilkada, both administrative and/or the "

criminal, so that the people do not lose trust in execution. democracy

and governance that led to the disruption of the development agenda for

the interests of the people.

4. KONKLUSI

Based on the entire description of the consideration above, the Court

concludes that:

Well of the terms objectum litis or subjectum litis, the request of the

The applicant is not included the scope of the Court's authority to

check, prosecute, and decide.

The applicant has no legal position (legal standing) for

applying for a quo.

Requests for the Applicant not eligible designated Section 61

MK Act, so the application must be Expressed not acceptable.

5.AMAR VERDICT

By recalling the provisions of Article 64 Verse (1) Act Number

24 Year 20(7) Qanun Province NAD Number 3 of 2005, the existing KIP in

Act No. 11 of 2006 was promulred by the end of the term

his post three months after the appointment of the Regent/Vice Regent;

[3.13] A draw that regardless of dispute or dispute arising

concerns the validity of the establishment of the chosen candidate and the proposal of appointment of a candidate

The chosen one by the Minister of the Interior on behalf of the President of the Republic

Indonesia, The ad hoc, state institution is not the institu