Petition Marthen L Screwdriver-mate Nicholas Ladi (Marko), candidate mayors and deputy mayors in the Regional Head General Election (Election) Kupang, East Nusa Tenggara (NTT), re-tried in the Constitutional Court (MK), Wednesday (28/3 / 2012). The trial case number is scheduled to hear the answer 8/PHPU.DX/2012 General Elections Commission (KPU) Kupang as the Respondent, and heard the testimony of the couple, Joseph Abraham Liyanto Safe Mamulak (Come on) as the Related Party.

Kupang Election Commission attorney, Yanto Econ MP in his answer before the Panel of Judges of the Constitutional Court declared not authorized to investigate and adjudicate the petition Marko. This is according to him, under the provisions of Article 4 of Regulation of the Constitutional Court (PMK) No. 15/2008 on Guidelines for examining disputes the Regional Head General Election results.

Then, according to Supreme Court Circular Letter No. 7 of 2010 on Technical Guidelines for Dispute Regarding Election of Regional Head, according to Yanto, a substance included in the authority application Marko State Administrative Tribunal. "Because the basis of the petition is about the determination of an objection to the results of the verification candidate pairs for regional head and deputy head of the city of Kupang and have not entered the stage of voting or vote counting," said Yanto.

Yanto added, Marko has no legal status (legal standing) to file a petition, pursuant to Article 1 paragraph 7 and Article 3 of the PMK No. 15 of 2008. Commission never set Marko Kupang as Kupang mayor candidates. "The position as the applicant is not a candidate mayor and deputy mayor of Kupang, because the Respondent had never set applicant as candidate mayors and deputy mayors 2012-2017 Kupang," he continued.

Similarly, continued Yanto, when applying to the Court, Marko will no longer be located as candidates. Because, Marko has forgotten their constitutional rights because it does not complement the lack of administrative requirements as set forth in the notice Kupang Election Commission dated February 23, 2012. In fact, on March 1, 2012, the coalition chairman Marko, Cyprian Pani and representatives of the family team, Johny Ati, went to Kupang Election Commission to withdraw all state requirements and improved administration withdrew from the race.

"There is a letter of resignation?" said Constitutional Court Justice Ahmad Fadlil Sumadi. "We will prove through witnesses," said Yanto said, adding, Marko request has expired.

In line with the Commission Kupang, the Related Parties pair-Yoseph Safe Abraham Liyanto Mamulak (Come on), through its legal counsel, Marthens Manafe, stated the Court is not authorized to investigate and adjudicate the petition Marko. Let's partner to be related parties because the couple mentioned in the petition that accused the pair Marko Kupang Election Commission of discrimination on political party support. Marko claims to have the support Prosperous Indonesia Party (PIS) and the National Front Party (Barnas).Marthens asserted in his statement, PIS and the National Front Party Come support the couple in Kupang Election 2012. Marko partner in a petition asking the Court to point 3 declared invalid and null and void determination Come as a couple pairs of candidates Kupang Election 2012.

Before concluding the hearing, the Panel of Constitutional Justice Achmad Sodiki as chairman of the panel, accompanied by two members, Anwar Usman and Fadlil Sumadi, confirms the evidence. Marko submit evidence that P-1 through P-10. Kupang Election Commission, evidence of T-1 to T-39, and partner Come on, evidence of PT-1 to PT-3. (Rosihin Nur Ana / mh/Yazid.tr)