Principal applicant 66/PHPU.D-IX/2011 Drs. Peter Laughter Langonday listen carefully to Decision of the Dispute case of General election results (PHPU) Lembata Regency, East Nusa Tenggara (NTT) Province, Monday (27/6) in Plenary Court Building

Application for election result disputes of Lembata District, East Nusa Tenggara (NTT) Province filed three (3) pairs of prospective candidates had been decided. Constitutional Court (MK) read out on Monday (6/27/2011). The court cannot receive the request Lukas Lipataman-Muhidin Isaac (65/PHPU.D-IX/2011), Petrus Tawa Langoday-Akhmad Bumi (66/PHPU.D-IX/2011) and Paulus Doni Ruing-Johanis Kia Poli (67/PHPU.D-IX/2011). The Court considered that the applicant has no legal status (legal standing) to apply.

Lembata Commission stated Lukas Lipataman did not pass the health requirements. According to the regulations applicable legislation and the facts and evidence submitted, Court opinion stated the Election Commission has undertaken schedule steps of Election.

Facts in the trial explained witnesses Lembata Commission, Dr. Andreas N.F. Lewai, Sp.PD and Dr. Achmad Ichsan, Sp.S, explained Lukas Lipataman impaired executive function (managerial functions). According to the Court, the provisions of Article 16 paragraph (4) Commission Regulation No. 13 of 2010 is final and may not be the same examination in the same hospital or at another hospital as a comparison. However, according to the evidence presented, Lukas Lipataman do the same examination at another hospital, the Hospital Dr. Soetomo Surabaya and Jakarta Pertamina Hospital Centra Hospital.According to the Court, the action of Lukas is not in accordance with Article 16 paragraph (4) Commission Regulation No. 13 of 2010.

While the legal issues of Petrus Tawa Langoday-Akhmad Bumi and Paulus Doni Ruing-Johanis Kia Poli are the existence of multiple political parties support the bearer of a pair of candidates. Both partners regard the Lembata Commission not verify the administration to support the party.

Based on the facts and evidence at the hearing, the Court found no occurrence of serious violations of the rights of individuals to become candidates (right to be candidate). Court also found no evidence of KPU Lembata obstruct the fulfillment of the terms of Lukas-Muhidin, and Petrus-Akhmad and Paulus-Johanis in the implementation of the General Election of Lembata. (Nur Rosihin Ana/mh/Yazid.tr)