Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia

Research Article

Obligation to Resign Legislative Members in Regional Election: Is There Unequal Treatment?

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  • @INPROCEEDINGS{10.4108/eai.3-6-2021.2310827,
        author={Zaka Firma Aditya and Abdul Basid Fuadi and Rizkisyabana  Yulistyaputri},
        title={Obligation to Resign Legislative Members in Regional Election: Is There Unequal Treatment?},
        proceedings={Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia},
        publisher={EAI},
        proceedings_a={ICEHHA},
        year={2021},
        month={8},
        keywords={obligation; resign; election; legislative member; unequal treatment},
        doi={10.4108/eai.3-6-2021.2310827}
    }
    
  • Zaka Firma Aditya
    Abdul Basid Fuadi
    Rizkisyabana Yulistyaputri
    Year: 2021
    Obligation to Resign Legislative Members in Regional Election: Is There Unequal Treatment?
    ICEHHA
    EAI
    DOI: 10.4108/eai.3-6-2021.2310827
Zaka Firma Aditya1,*, Abdul Basid Fuadi1, Rizkisyabana Yulistyaputri1
  • 1: Center for Research and Case Analysis, The Constitutional Court of the Republic of Indonesia
*Contact email: zaka.firma@mkri.id

Abstract

This article discusses the obligation resignation of members of the House of Representative/district (DPR/DPRD) when it will run into the head region. As a political position, DPR/DPRD members who run for Regional Heads required to resign first as mandated by the Constitutional Court Decision Number 57/PUU-XI/2013. It is considered as a form of injustice because the minister and incumbent as a political position are not required to resign. Even though the minister or incumbent's potential for abuse of power is enormous but only needed to take leave during the campaign. Besides, in practice, the abuse of the region head's authority often found the use of positions to mobilize employees in the regions. Members of the DPR/DPRD do not own this authority because they have no mass base and areas. Some of the questions that will answer in this article are. (1) whether there has been unequal treatment in this matter? (2) what are the constitutional Court considerations in determining the legal politics of this matter? and (3) Is the obligation to resign members of the DPR/DPRD still following the development of the political system in Indonesia?