Incumbent For 2 Periods, Kutai Kartanegara Regent Edi Damansyah Advanced In The 2024 Pilbup Is Considered A Violation Of Election Rules

JAKARTA - A constitutional law expert, Margarito Thursday, highlighted the question of the regional head of Kutai Kartanegara Edi Damansyah, who has been running for two terms again in the 2024 Pilkada.

Margarito reminded the Supreme Court (MA) to decide on the judiciary in accordance with applicable regulations.

According to Margarito, as the highest judicial institution in Indonesia, the Supreme Court must ensure that law enforcement must be based on law, data and facts.

"Law enforcement must act based on law and facts. Don't go left and also not to the right," said Margarito at the DPR Media Center, Parliament Complex, Senayan, Jakarta Thursday, November 14.

If the rule says A, yes A. For example, in one case in Kutai Kartanegara. There is already two terms. According to the rules, if people of the two periods can no longer advance," he continued.

However, Margarito was surprised, it turned out that the regional head candidate who had led the two terms in Kutai Kartanegara was still passed by the General Elections Commission (KPU). He considered that the KPU as the election organizer had to correct this.

"In my opinion, institutions in this field must correct it," said Margarito.

According to Margarito, the incumbent regent candidate for Kukar Edi Damansyah should have been assessed for two terms. He emphasized that the Pilkada Law clearly regulates that the incumbent, who has not been running for two terms, should no longer run.

"People who serve more than half a term are considered a period. The Constitutional Court regulates such a thing," he said.

Margarito explained that people who served more than half a period or more than 2.5 years by the Constitutional Court were qualified as one period. So that in terms of calculation of the term of office, Edi Damansyah has served for two terms.

"People like this cannot be candidates. If it is passed, in my opinion, it is strange. So, the rules must be enforced," said Margarito.

Margarito assessed that people who feel aggrieved in the 2024 Pilkada can report to Bawaslu. "If Bawaslu refuses, go report it to the Administrative Court. If the Administrative Court refuses, they go to report it to the Supreme Court," he said.

Therefore, added Margarito, the Supreme Court must pay attention to this issue in order to make a fair decision. "Moreover, it has been stated by the Constitutional Court," he concluded.

For information, Edi Damansyah is the regent of Kutai Kartanegara or incumbent who currently serves for the 2019 2021 term of service.

Previously he served as deputy regent of Kutai Kartanegara for the 2016 '2021 period accompanying Rita Widyasari.

In 2017, he became the regent's executor to replace Rita Widyasari. Edi was then appointed as the definitive regent on February 14, 2019.

Edi Damansyah is considered to have served as Regent of Kutai Kartanegara twice. Namely, starting from one period in the first phase (2016-2021) because more than two and a half years serving as Acting and definitive as Regent (calculated at once 2 years, 10 months, 12 days).

Then at the second stage of the Regent's office (2021-2024/2026) there has also been one period, because he has gone through a term of office of 3 or 5 years.