Luwu District Election Dispute trial filed by Candidate Number 1 Basmin Mattayang and Syukur Bijak is rolling back by the Constitutional Court, Wednesday (23/10). At this meeting turn the Related Party (Candidate Number 3 Basri Suli - Thomas Toba) is presented expert to testify about the legality of the nomination letter of Basri Suli - Thomas Toba by Chairman of the National Democratic Party Branch Board, Nur Matulia.

Related Parties present at the hearing this time is Margarito Kamis as constitutional law expert. Margarito on the occasion expressed his expertise related to the signing of a letter of nomination of the former Chairman of the National Democratic Party Branch Board, Nur Matulia. Margarito is seen the case by focusing on membership status when signing the nomination letter.

According to Margarito, according to the provisions of Article 52 and Article 19 letter i letter i of Law No. 8 of 2012 regulating the nomination of candidates letter and resignation of members of the party, one’s affidavit of resignation from the membership of a political party is only limited legal value. That is, the letter of resignation is solely to provide legal certainty to the election organizers in ensuring the implementation of the electoral process.

Furthermore, the associated withdrawal of Nur Matulia from National Democratic Party Chairman and continued with the dismissal notice by the National Democratic Party Central Board, Margarito believes in accordance with Article 22 of Law No. 2 of 2011 should not take or dismiss party members simply by mailing the notice. "The letter containing the notice referred assertion was not valid; the result is not legal to terminate the legal status of a membership in the party, including its status as chairman. In my opinion, the legal consequences of the letter law as it is not worth making an end to the legal status of a person in the management of a party," said Margarito.

Due to the notification of the National Democratic Party DPP is not considered legally valid, and then Nur Matulia remain valid as Chairman of the National Democratic Party Branch Board. By doing so, signing the nomination letter (Related Party) remains valid. "So the legal action taken by a person who has not received Decree dismissal as chairman, it was still legal status as a member of the party and the actions taken as the party chief legal value as a legitimate legal action," said Margarito. (Yusti Nurul Agustin / mh)