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IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 12/PUU-XXII/2024 TERHADAP PENCALONAN CALEG TERPILIH PADA PILKADA 2024
The year 2024 marks the first time Indonesia will hold simultaneous General Elections (Pemilu) and Regional Elections (Pilkada), a pioneering practice in the country's democracy. This policy is based on the efficiency of the process to create resilience between the central and regional governments. However, this policy has led to new disparities that were previously unseen. Article 7, paragraph (2), point s of the Pilkada Law only regulates the resignation of legislative members if they wish to run as regional heads. Meanwhile, the overlapping schedules allow elected legislative candidates in the 2024 General Elections to also participate in the 2024 Regional Elections. There are 19 elected legislative candidates who have nominated themselves as regional heads. Several parties have filed a judicial review with the Constitutional Court (MK) to challenge this provision. This raises the following problem formulations: What are the implications of the Constitutional Court Decision No. 12/PUU-XXII/2024 on the candidacy requirements for elected legislative candidates in the 2024 Regional Elections? And what are the implications of the Constitutional Court Decision No. 12/PUU-XXII/2024 on the candidacy of elected legislative candidates from the perspective of constitutionalism? This research uses normative legal research methods which examines the theory of the rule of law, the constitution and constitutionalism. This method is used carefully to analyze and interpret legal norms and rules, relevant laws and regulations, jurisprudence, as well as related literary sources which are the focus of this research. Meanwhile, data collection was carried out using a library study. The research findings indicate that elected legislative candidates should be able to nominate themselves as regional heads in the 2024 Regional Elections without having to resign first. This is based on Constitutional Court Decision No. 12/PUU-XXII/2024, which affirms that elected legislative candidates do not yet possess the rights and obligations as members of the DPR, DP), or DPRD. Although the petition was rejected in its entirety, the Constitutional Court, in its legal considerations, stated that the 2024 Regional Elections must proceed according to the previously established schedule, and each elected legislative candidate must include a letter of willingness to resign once they are inaugurated into the legislature, as implemented through PKPU Number 8 of 2024. When examined through the lens of constitutionalism, which emphasizes governmental accountability to individuals, this practice essentially sidelines the mandate of the people as voters (constituents) in both the General Elections and Regional Elections. Therefore, regarding this matter, there needs to be a clear formulation of the policy outlined in Article 7, paragraph (2), point s, ensuring that it does not cause harm or violate the principle of fairness, both for elected legislative candidates (the right to be elected) and for citizens (the right to vote).
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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