Gemah Demo, KPU Asked To Cancel Edi Damansyah's Candidacy In The Kukar Pilkada

Gemah Demonstration

The General Election Commission (KPU) was asked to cancel Edi Damansyah's participation in the 2024 Kutai Kartanegara (Kukar) Regent Election.

The reason is, Edi, who is now the incumbent, is considered to have violated the rules because he is considered to have served as Regent of Kutai Kartanegara for two terms.

The candidate for regent of Kukar number 01 was then suspected of committing bribes so that KPUD Kukar passed him in the 2024 Pilkada.

"Edi has undergone two terms as regent, according to the decision of the Constitutional Court (MK) Number 2/PUU-XXI/2023," said Chairman of the Legal Student Movement (Gemah), Badrun Atnangar, Wednesday, November 20.

"The term of office that has been served is half a period or more, it is still calculated for one period," he continued.

In the decision, according to him, the Constitutional Court does not differentiate the term of office of the definitive regent or temporary acting. So that Edi is considered to have served as Regent of Kukar for two terms.

"The MK does not define the Acting, Acting, and Acting as it has been described by the applicant," said Badrun.

It is known that Edi became the regional head after the Regent of Kukar Rita Widyasari stumbled upon a legal problem. Edi, who was then the deputy regent, then became the Acting Regent of Kukar from April 9, 2018 to February 13, 2019. Edi then became the definitive regent on February 19, 2019 to February 13, 2021.

In addition to protesting to the KPU, the Legal Student Movement (Gemah) also visited the National Police Headquarters. This was done in order to make a complaint regarding the alleged bribery for Edi's passing as a candidate for the 2024 Kukar regent.

The public complaint (dumas) was also received by the Public Relations Division of the Police. The National Police Headquarters stated that it would follow up on the complaint.

"We ask the National Police Headquarters to investigate the alleged bribery of the Indonesian KPU, the KPU of East Kalimantan Province and the Kutai Kartanegara KPU which passed Edi Damansyah as a candidate for regent in the 2024 Pilkada," said Badrun.

Previously reported, KPU attorney Kutai Kartanegara Hifdzil Alim detailed the exception conveyed by his party based on Supreme Court Regulation number 11 of 2016 concerning Procedures for Settlement of State Administrative Disputes for Election and Dispute Violations of Election Administration.

Another legal basis is the Circular Letter of the Supreme Court (Sema) Number 3 of 2015 points 3, that fellow pairs of candidates for election participants (in this case the 2024 Kukar Pilkada) that have been determined by the KPU cannot sue in the State Administrative dispute (TUN).

Because the legal standing to act as plaintiffs in the election TUN dispute is only provided by law for couples who are harmed by their interests or who are not determined by the KPU.