The Court ordered the Election Commission (KPU) of West Southeast Maluku District to accept the nomination file of Candidate Isai Wuritimur and Angwarmase Lukas (Petitioner), as well as administrative and verifies factual clarification. Moreover, KPU and Election Supervisory Committee of Maluku Province and West Southeast Maluku regency, and also Board of Supervisors Election (Bawaslu) ordered to oversee the verification and clarification of the appropriate authority.

This was mentioned in the interlocutory case No. 125/PHPU.D-IX/2011 filed by Candidate Isai Wuritimur and Angwarmase Lukas on Friday (23/12) in Plenary Session of the Constitutional Court Building. "Report to the Constitutional Court the results of administrative verification and factual clarification within 45 (forty five) days after the verdict was pronounced," continued the Court in its decision dictum.

According to the Court, Plenary Session stated that the subject of the petition proven and reasonable laws. In consideration, the Court has found indications of a political party attempt to deter the Respondent may file a pair of candidates (right to propose a candidate), and the neglect of judicial decision, which indicates the existence of bad faith from the Respondent.

Also, listen to some experts, including Petitioner’s expert opinion Maruarar Siahaan stating that if the organizers of election for no apparent reason, will deliberately set aside a pair of candidates, so if left unchecked will happen deprivation the right to be a candidate, which is a human rights norm and serves as supraconstitutional .

Therefore, the Court found violations of individual rights and the rights of political parties and / or coalition of political parties to propose candidates that should not be ignored in the general election. So for the sake of legal certainty and justice, the Court deems it necessary to issue interim decision before dropping the final decision which ordered the Respondent to receive a file nomination petition.

While the case 124/PHPU.D-IX/2011 for the sake of legal certainty and fairness in maintaining the principle of direct, general, free, confidential, honest and fair, the Court deems it necessary to issue interim decision before dropping the final decision, in which the principal Petitioners’ petition was postponed until the administrative verification and factual clarifications made in the Court ordered the Respondent 125/PHPU.D-IX/2011 decision dated December 23, 2011 have been implemented and reported to the Court.

The petitioners of this case, the Petitioner I Dharma Oratmangun and Josepus (no. 3), Petitioner II Lukas Uwuratuw and Junus Fredrik Batlayery (no. 4), Petitioner III Paulus Koritelu and Timotheus Futuwembun (no. 5). Meanwhile, the Related Parties is Bitzael Salfester Temmar and Petrus Paulus Werembinan Taborat (no. 2).

In the opinion of the Court, the Respondent filed exceptions which essentially state that the petition contains a power of attorney legally flawed and invalid. In this case, the Court found Petitioner II and III have been made and signed the Special Power of Attorney dated 18 November 2011, and filed a lawsuit against the District Election Commission of West Southeast Maluku as the Respondent, in the Constitutional Court. "Whereas, the Respondent did not submit evidence in the form of a statement," wrote the Court.

While the exception of the Respondent stating that the arguments of the Petitioners’ objection to an error in objecto. Against this, the Court argued, the Respondent is not appropriate exception under the law, because the substance of the exception is intimately associated with the principal case. (Shohibul Umam / mh/Yazid.tr)