After undergoing a long series of trials, the Constitutional Court (MK) has finally dropped the final decision on the case disputes the results of elections of regional head and deputy head of Jayapura regency, Papua Province, Wednesday (4/4) afternoon, at the Court Meeting Room, Jakarta. The entire application (Case No. 128, 129, 130, and 132/PHPU.D-IX/2011) filed by candidates and vice-regent regent district. Jayapura by the Court in its decision stated amar rejected entirely.

In this case, the Respondent is the Jayapura District Election Commission, and the Related Parties are Matthew Awoitauw-Roberth Djoenso (No. Sort 5) party won the General Election District. Jayapura. With the rejection of this application the Related Party can waltz into the Regent and Vice Regent of.Jayapura Regency.

In consideration of the legal decision, case No. 128 Eliab Ongge and Najib Mury (No. 3), Petitioner argues that many people who have the right to vote, but not listed in the voters list (DPT). In response, the Court considered that there is no firm evidence about how the addition or reduction of the real number of illegal votes to be said to be detrimental to any candidate, especially the Petitioners. "Moreover, even if the applicant can prove, the Petitioners cannot show which candidate the vote shift either the addition or reduction has occurred," said Court.

Then to No. 129, which applied for Kallem Mozes and Bustomi Eka Prayitno (No. Sort 7), argued that the implementation of the General Election is not supervised by the Election Supervisory Field (PPL) at the village level and district-level Election Supervisors. For such a case, the Court argued that the written evidence filed by the Applicant in the form of the decrees made by the Election Supervisory Committee on the Establishment Members of the General Election Supervisory Committee to oversee the implementation cannot be perfect evidence that in fact did not supervise the Election Supervisory Committee.

"Even if true, in fact Panwaslu not doing its job in overseeing the General Election of the Jayapura District, it remains the domain of administrative violations are not necessarily valid or not affect voting results of each Candidate," said Court.

Case No. 130 also completes the application for Election District. Jayapura.Party. They were Zadrak Wamebu and Chris Kores Tokoro (No. 1). In his statement, Petitioner argues that the Respondent to benefit Candidate No. Sort 5, the set of valid votes numbered 299 Hinekombe Kampung TPS votes, but voters using their voting rights only 30 voters. "But because the applicant did not clearly describe the arguments and did not present evidence, the Court is Petitioner's argument must be declared not proven," said Court.

While the last petition that is the case No. 132 being applied Franzalbert Joku and Djijoto (No. Sort 6) argues that the Respondent has allowed the practice of vote buying and voter mobilization of the masses. Considering that, the Court after a close watch on the evidence submitted by the applicant does not have any convincing about the practice of vote buying or mass mobilization.

Unacceptable
At the same time, two candidates would be regent and vice regent of Jayapura District, petition the Constitutional Court cannot be accepted. In its decision, the Court argued that the case No. 127/PHPU.D-IX/2011 petitioned by Marthen Ohee and Franklin Orlof Demena, and case No. 131/PHPU.D-IX/2011, Fredrik Sokoy and La Achmadi, each Candidate Will Regent and Vice Regent Election District. Jayapura in 2011, has no legal status (legal standing) to apply for this case.

That case was decided after the Court considered the report of the various parties regarding the factual administration verification and re-verification conducted by the Respondent (Jayapura District Election Commission), based on the Constitutional Court Injunctions and 131/PHPU.D-IX/2011 No. 127 dated January 18, 2012.

On the basis of the report, said the Court, there are no things and situations that convince the Court that the applicant meets enough votes from the combined three political parties who proposed it that qualifies as a Candidate Regional Head of Jayapura district in 2011. "Therefore, the Court did not consider further comments / objections to the Petitioner," concluded the Court. (Shohibul Umam / mh/Yazid.tr)