Constitutional Law Expert: Before A Candidate Determination, KPU Kendal Seyogya Received Dico Ganinduto Files

JAKARTA - Professor of Constitutional Law at Borneo Tarakan University (UBT) Prof Yahya Ahmad Zein said that political parties or coalitions of political parties have their own norms and authorities to carry regional head candidates. So according to him, the problem is that in the legislation there is no prohibition on political parties from withdrawing their support, before determining candidates by the KPU.

This was conveyed by Prof Yahya Zein in response to the return of files on the Kendal Regent Candidate Dico Ganinduto who was promoted by the National Awakening Party (PKB) by the Kendal Regency KPU.

"So it means this, actually before the KPU determines the regional head candidate, support can be given to anyone. So the KPU should accept it, but after that verification is carried out to political parties. And what is regulated in the norms in Article 53 paragraph 1 of Law 8 of 2015 is if later political parties or coalitions of political parties attract candidate pairs or candidates to resign from their stipulation, then there will be sanctions there," Yahya said in Jakarta, Friday, August 30.

According to him, in accordance with the decision of the Constitutional Court (MK) every political party or coalition of political parties may nominate a pair of candidates. Regarding the withdrawal of support by PKB against one of the candidates and issuing a new recommendation, he also questioned what violations the political party had committed.

Furthermore, Yahya considered that the chaos could occur in the Pilkada process because there was no norm of prohibition, apart from being designated as a candidate pair. This means that prior to the determination of candidates by the KPU, it is the right of political parties to support anyone. And it becomes public law and is prohibited, at this time, at a time when it was determined," he said.

Previously, PKB carried Dico Ganinduto in pairs with KH Ali Nurudin or familiarly called Ustadz Ali for the 2024 Kudus Pilkada.

"Alhamdulillah, at (registration) tonight we still have until 23.59 WIB. This delivers files to support Pak Dico and Ustadz Ali," said Kendal PKB DPC Chairman Muhammad Makmun on Thursday, August 29, 2024.

"This is the task of the Kendal PKB because in the Legislative Election yesterday it was the winning party. And in the Pilkada, we feel very compelled to present the best cadres who can improve and fight for and prosper the people in Kendal Regency," he said.

However, in the process, the registration documents submitted by the Dico-Ali candidate were returned by the KPU to the party concerned.

"This is based on the results of the plenary session related to the registration of the Dico-Ustadz Ali candidate pair," said Kendal KPU chairman Khasanudin.

Khasanudin explained that the refund of the registration file was because PKB had submitted a cabup-cawabup pair Dyah Kartika Permana Sari-Benny Karnadi on Thursday, August 29, 2024 morning.