JAKARTA - The National Mandate Party (PAN) agrees with the decision of the Constitutional Court (MK) which does not require ministers to resign if they run for presidential or vice presidential candidates in the 2024 presidential election. Provided, the minister must apply for leave and not be funded by the state.
"PAN agrees with the Constitutional Court, on the condition that the minister takes leave outside of state costs, beyond the responsibility of the state," said PAN Deputy Chairperson Viva Yoga Mauladi to reporters, Friday, November 4.
Viva reminded the ministers who are advancing presidential candidates not to use their power to smooth the way to 2024. Moreover, he said, they used ministry sources to increase electoral, either private or party.
"The minister must not abuse of power using state facilities or use ministry institutional sources to increase the personal electoral or party, it is not allowed. If there is a abuse of power, there must be a clear sanction, in the Election Law there is one," said Viva.
However, Viva suggested that ministers who do not focus on work because they are too busy taking care of the presidential candidate to be reshuffled. According to him, for the sake of continuing the government, it is close to the 2024 General Election.
"In certain cases, if the ministry's performance is unable to improve performance, then the President can reshuffle the minister, in order to improve government performance," he said.
As is known, the Constitutional Court (MK) decided that ministers who wish to run as presidential and vice presidential candidates do not need to resign from their positions, but must obtain permission from the president.
The Constitutional Court's decision Number 68/PUU-XX/2022 is the obligatory of the Garuda Party's application for the judicial review of Article 170 paragraph (1) of Law 7/2017 (the Election Law).
In the main point of the decision, it was stated that the minister who wanted to run for a presidential or vice presidential candidate did not need to resign from his position, only received permission from the president.
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