Formappi Urges The Enforcement Of Regulations For State Officials To Step Down If They Go To Elections

JAKARTA - Indonesian Parliamentary Concerned Society Forum researcher (Formappi) Lucius Karus encourages the enforcement of regulations against state officials who run for election to participate in the general election (election) must resign.

This provision is contained in Article 170 paragraph (1) of Law (UU) Number 7 of 2017 concerning Elections.

"In general, officials who are required to resign are state officials who are appointed or not directly elected by the people," Lucius said in his statement, quoted from Antara, Tuesday, August 2.

As for Article 170 paragraph (1) of Law Number 7 of 2017 concerning Elections, namely "State officials nominated by the Election Contesting Political Parties or Combined Political Parties as presidential candidates or vice presidential candidates must resign from their positions; except the President, Vice President, Leaders and members of the MPR, leaders and members of the DPR, leaders and members of the DPD, governors, deputy governors, regents, deputy regents, mayors, and deputy mayors.

Thus, ministers are state officials who are not exempt from resigning from their positions if they are nominated as presidential candidates (candidates) or vice presidential candidates (cawaores).

Ideally, according to him, all state officials should resign if they participate in elections for the sake of justice for all election participants. However, certain positions such as president and vice president cannot simply be removed.

"There are constitutional consequences that make it impossible for him to resign because he is a participant in the election. It is different from cabinet ministers whose seats are the prerogative of the president. They can be replaced at any time," he said.

For the sake of the election, according to him, the minister must resign if he becomes a candidate for presidential or vice presidential candidate, because the ministry hierarchy is very likely to be misused for the sake of winning the election.

Lucius also has a different view from the Garuda Party, which filed a lawsuit against the Election Law, where they examine Article 170 paragraph (1) regarding the phrase "state official".

Garuda Party's attorney, Munathsir Mustaman, said that ministers who are currently serving in the Advanced Indonesia Cabinet, as well as applicants who nominated ministers to become presidential or vice-presidential candidates, could suffer constitutional losses as a result of Article 170 paragraph (1) of the Election Law.

"Different treatment between ministers and governors, deputy governors, regents, deputy regents, mayors and deputy mayors when nominated as president and vice president by the applicant, has also injured and caused injustice to the applicant, as guaranteed and protected under the provisions of Article 22E. the 1945 Constitution," said Munathsir.