November 6, 2024
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Elected Legislative Candidates Must Be Ready to Resign If They Run for the 2024 Regional Election

The Association for Elections and Democracy (Perludem) urges the General Election Commission (KPU) to guarantee that the 2024 regional elections will be held fairly. This is in response to allowing legislative candidates from the 2024 elections who are running in the regional elections to not have to resign from their positions. Perludem believes that this has the potential for abuse of authority and disruption of office performance and is contrary to the Constitutional Court (MK) decision.

“The KPU must implement Constitutional Court Decision Number 12/PUU-XXII/2024 by including the requirement to make a statement of willingness to resign if you have been officially appointed as a member of the DPR, member of the DPD, and member of the DPRD if you continue to run for regional head,” wrote Perludem in a written statement (10/5).

In its legal considerations, the Constitutional Court emphasized that the elected candidates for members of the DPR, DPD, and DPRD do not yet have constitutional rights and obligations, but they have the potential to be misused. Bearing in mind that there is a time difference between the inauguration of the elected DPR, DPD, and DPRD member candidates and the regional head elections on November 27, 2024.

Meanwhile, legislative candidates elected in the 2024 elections will be inaugurated and change their status to legislative members on October 1, 2024, while the inauguration of DPRD members varies according to the end of each DPRD member’s term of office. Referring to PKPU No. 2 of 2024, registration of regional head candidates will be carried out on August 27–29, 2024; regional head candidates will be determined on September 22, 2024; and the campaign period will start from September 25 to November 23, 2024.

“The reason is that the time difference between the regional election stages and the inauguration of elected legislative candidates in the 2024 elections is different, and more comprehensive arrangements are needed.” In particular, the provision is that the elected legislative candidate must resign,” emphasized the Perludem.

Perludem views that the regional election cycle and stages must be regulated for elected legislative candidates who run as regional heads; they must attach a statement of willingness to resign. Perludem also urged the Election Supervisory Body (Bawaslu) to supervise the 2024 Pilkada nomination stages and ensure that the KPU implements Constitutional Court Decision Number 12/PUU-XXII/2024 by including a statement of willingness to resign if they have been officially appointed as members of the DPR, DPD, and DPRD. []