Jayawijaya Regency Election Commission Thought Applicant Have No Legal Status

Constitutional Court resumed the hearing disputed election of regional head Jayawijaya, Papua Province, Thursday (24/10/2013). The lawsuit filed by the would be candidates, namely Saul Essarue Elokpere - Alfius Tabuni (case 148/PHPU.D-XI/2013), Otomi Gwijangge - Bonefasius Hubi (case 149/PHPU.D-XI/2013), Yulianus Entama – Petrus Haluk (case 150/PHPU.D-XI/2013), and Paskalis Kosay - Oilek Lokobal (case 151/PHPU.D-XI/2013).

The trial, led by Deputy Chairman of the Constitutional Court  Hamdan Zoelva scheduled time to listen to the answer from Jayawijaya General Election Commission as Respondent, listen to Related Party, candidates Jhon Wempi Wetipo - Jhon Richard Banua as incumbent regent - deputy regent Jayawijaya.

Jayawijaya Commission legal counsel who represented by Budi Setyanto explained, that in principle the Commission Jayawijaya as Respondent in 4 (four) cases it rejected the arguments put forward by the Petitioner. Budi also assess the applicant has no legal status for the use of their constitutional rights by filing a lawsuit in the State Administrative Tribunal (Administrative Court) Jayapura whose decision has been implemented by the Commission.

Budi further argued, in accordance with Article 3, paragraph (1) MK Regulation 15/2008 states that may be the parties in Election Dispute in Court is the candidate and the Commission, while Budi assess the applicant is not a candidate because the candidate has not been established.

Budi Setyanto further asserted that Jayawijaya Commission never toying judicial decision and attempt to obstruct applicant as a candidate, even it has been re- verified appropriate administrative court ruling decision, and as a result the applicant is not accepted as a candidate because he was not qualified support political parties.

While some witnesses who brought by applicant, Apollos Hessegem and Iwan Tulla explain support for political parties to the applicant is legitimate, but it was rejected by Jayawijaya Commission. (Ilham/ mh)


Thursday, October 24, 2013 | 17:09 WIB 120