Edi Damansyah's Dispute Lawsuit Rejected, Legal Expert Calls Plaintiffs Alami Constitutional Losses

JAKARTA - Constitutional Law expert Margarito Thursday highlighted the Banjarmasin State Administrative High Court (PT TUN) which rejected the lawsuit over the Kutai Kartanegara (Kukar) Pilkada dispute regarding the incumbent nomination, Edi Damansyah.

Margarito said that the plaintiff suffered constitutional losses because he fought against the candidate who had served as Regent of Kukar for two terms.

"The plaintiff is indeed a participant in the Pilkada. Because the Pilkada participants, he has an interest in the Pilkada fight taking place according to the law. When the implementation of the Pilkada is not in accordance with the law, the general (the plaintiff) must be considered to have suffered constitutional losses," Margarito told reporters, Wednesday, October 30.

Margarito also criticized the decision of PT TUN Banjarmasin which rejected the plaintiff's lawsuit because there was no loss suffered by the candidate pair (paslon). According to him, the decision of PT TUN Banjarmasin was wrong.

"Because if there were no Edi Damansyah, only two pairs would fight. The potential for votes would be if there was no Edi Darmansyah, maybe the votes would go to the other two pairs of candidates," said Margarito.

"Oleh karena ada aturan yang tidak dilaksanakan sebagaimana seharusnya. Di titik itu saya menganggap pertimbangan majelis PT TUN Banjarmasin itu salah," imbuhnya.

Margarito emphasized that the decision of the Constitutional Court (MK) on the status of Edi Darmansyah, who has served two terms as Regent of Kutai Kartanegara, must be obeyed. So that Edi Darmansyah cannot run again.

"That is according to the decision of the Constitutional Court. He cannot run again. He is happy whether he is happy or not, whatever the reason is, he cannot. From a legal perspective, the Constitutional Court's decision has become legal since the time it was decided," he said.

"So Edi Darmansyah for whatever reason should be considered two terms, because the Constitutional Court stated so. There is no other interpretation other than that," he added.

Margarito is of the view that the only opportunity for plaintiffs is to submit Cassation to the Supreme Court (MA). However, the Supreme Court is expected to make the right decision.

"I hope that the Supreme Court is right in deciding this case, don't be strange. Because it is clear that the Constitutional Court has said that it has been two terms to say," he concluded.

As is known, the nomination status of candidate number 01 in the Kutai Kartanegara Pilkada, Edi Damansyah-Rendi Solihin, is often questioned by other candidate pairs. Including an attempt to file a lawsuit through the Banjarmasin PT TUN High Court.

KPU Kutai Kartanegara later became a defendant. Determination of the candidate pair became the material for the lawsuit.

The three pairs of candidates for the 2024 Kukar Pilkada are Dendi Suryadi and Alif Turiadi, Edi Damansyah and Rendi Solihin, and the pair Awang Yacoub Luthman and Ahmad Zais.