There is disparity in the Constitutional Court’s decision




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Bernard Sakarias Anin, the attorney of the candidate pair (Paslon) of the Regent of Belu Regent, East Nusa Tenggara (NTT) number 2, Agustinus Taolin and Yulianus Tai Bere, opened the votes about the request rejected by the Constitutional Court (MK). Bernard assessed that there was a disparity in the decision of 40 cases at the Constitutional Court on Monday (2/24/2025).

According to Bernard, the Vicente Hornai case which is a former convicted person like the Boven Digoel Pilbup case. The Constitutional Court disqualified Boven Digoel Candidate Candidate number 3, Petrus Ricolombus Ambang, but rejected his client’s request.

“Boven Digoel and Belu’s case did not announce their status as a former convict. Then, it was past five years old. However, for Boven Digoel was declared disqualified and there was a re-voting (PSU),” Bernard explained.

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While the legal logic applied, Bernard continued, in the Belu Pilbup case, the Constitutional Court considered no longer important to discuss the aspects and principles of honesty when it had passed a free time of five years.

“So that the disparity or differences in the application of law that have been decided by the Constitutional Court can result in uncertainty and legal injustice in Indonesia,” Bernard added.

Reported earlier, the Panel of MK Judges rejected the request of the candidate pair (Paslon) Regent-Deputy Regent of Belu, East Nusa Tenggara (NTT) number 2, Agustinus Taolin and Yulianus Tai Bere. This verdict was read out in the pronunciation of the decision which took place on Monday (2/24/2025) night.

During the trial, candidate pair number 1, Willybrodus Lay and Vicente Horni Gonsalves, became the Respondent in a lawsuit regarding the dishonesty of Vicente Horny Gonsalves as a former inmate. He is said to have escaped a minor without the knowledge of his parents.

“Stating the Petitioner’s request was not acceptable,” said MK judge, Arief Hidayat, quoted from the MK Youtube broadcast, Monday night.

Arief stated that the Constitutional Court granted the Exception of the Respondent and related parties related to the legal position of the Petitioner. However, the Constitutional Court rejected the Respondent’s exception and related parties for other than and the rest.

“Other exceptions from the Respondent and related parties and the main applications and other matters are not considered further,” Arief said.

Based on an assessment of facts and law, the Constitutional Court concluded that the Exception of the Respondent and related parties regarding the authority of the Constitutional Court was not reasonable according to the law. “The Court has the authority to try the a quo request,” explained Arief.

With this decision, the Willy-Vicente pair has the right to be the winner and endorsed as the Regent and Deputy Regent of Belu.

(iws/hsa)

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