THE RIGHT OF LEGISLATIVE MEMBERS TO RUN FOR OFFICE IN REGIONAL HEAD ELECTIONS FOLLOWING CONSTITUTIONAL COURT DECISION NO. 176/PUU-XXII/2024
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Constitutional Court Decision No. 176/PUU-XXII/2024 modifies the status and restrictions on the right of elected legislative candidates to resign in order to run in regional head elections. This study aims to analyze the status and limitations of the rights of elected legislative candidates, as well as the constitutional implications of this decision on the people’s mandate and the conduct of elections. This study employs a normative legal research method with a descriptive type and an applied normative approach through the statute approach and the case study approach. Data were obtained from primary and secondary legal sources as well as interviews with election organizers.
The results of the study indicate that Constitutional Court Decision No. 176/PUU-XXII/2024 restricts the right of elected legislative candidates to resign in order to run for other public offices as a form of protection for the people’s mandate. Resignation remains possible if the elected candidate receives a government appointment to a position that does not require a general election. This decision has implications for strengthening the principles of popular sovereignty, the rule of law, the integrity of electoral democracy, and legal certainty. Its implementation requires clear technical guidelines so that election administrators can consistently apply the provisions regarding resignation and government appointments.
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