Constitutionality of Conditions of the Resignation of Public Officials in Indonesia’s Election System:A Legal Normative Analysis

10.2478/bjlp-2022-007031

Abstract

In every general election, a set of arrangements must be formed as game rules that must be obeyed by organizers, contestants, voters, and supervisors. One of the rules of the game in the nomination stage is the determination of conditions for resignation for several public positions in which there are still differences between the conditions specified in the national general election and the regional head election. In fact, in practice, there have been fundamental changes to the basic concept of holding elections at this time, namely the existence of simultaneity and no longer recognizing the separation of the electoral regime between the national general election regime and regional head elections. Therefore, this paper aims to describe the design of the constitutionality of limiting human rights, in case the right to be elected, in general elections, which will then be linked to the national general election implementation system, which is held simultaneously. This research is normative legal research and uses the theory of a democratic rule of law and limitations on human rights as a tool for analysis. The result of this paper is that the right to nominate oneself in general elections is a basic right in the civil and political fields and has been guaranteed in the 1945 Constitution, the fulfillment of which can be limited in line with the provisions of Article 28J paragraph (2) of the 1945 Constitution. In addition, restrictions on the right to run for general elections, either by setting conditions for resigning or applying for permission for public office with different arrangements, is no longer relevant to be defended. Therefore, legislators must review and harmonize the application of the conditions for withdrawing in general elections for public officials.