MK: Legislative Members Participating In Pilkada Must Resign

Officers spray disinfectant liquid at the Constitutional Court (MK) building, Jakarta, Friday, July 24 (Aditya Pradana Putra / Antara)

JAKARTA - The Constitutional Court has decided that members of DPR, DPD and DPRD who run for regional head elections must resign according to the norms in the Pilkada Law.

Constitutional Justice Saldi Isra said, although members of the legislature and ministers are both in political positions, there are differences.

The difference is that ministers are appointed by the president, not elected by the people like members of the legislature.

The petitioners, namely member of the Indonesian Parliament Anwar Hafid, member of the West Sumatra DPRD Arkadius Dt Intan Baso, member of the West Sumatra DPRD Darman Sahladi, and entrepreneur Mohammad Taufan Daeng Malino wanted legislators who would advance to the regional head elections to leave like ministers.

"According to the Constitutional Court, the reasons for the petitioners who want equal treatment between members of the legislature and ministers who are not required to resign if they nominate or be nominated in regional head elections are not legally grounded," said Saldi Isra in a hearing at the pronouncement of the decision at the Constitutional Court Building, Jakarta , Wednesday, November 25, which was broadcast online, reported by Antara.

In addition, the Constitutional Court views that the petition of the petitioners that only a complementary board position must resign before participating in the elections ignores the principles of justice and equality.

Applications such as those filed by the petitioners with similar arguments have previously been submitted to the Constitutional Court several times so that questioning the norm is considered irrelevant.

The Constitutional Court also does not have a fundamental reason to change or shift from the considerations and legal opinions of previous Court decisions.

The petitioners argue that their constitutional rights have been violated by the enactment of Article 7 paragraph 2 letter s of Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning Stipulation of Government Regulations in Lieu of Law Number 1 of 2014 concerning Election of Governors, Regents , and the Mayor It becomes a law that regulates the resignation obligations of members of the DPR, DPD and DPRD if they wish to run for regional elections.