In a small win for democracy amid the ongoing furor over the newly passed TNI Law revision, justices at the top court have ruled "to uphold [...] the people's sovereignty" by barring legislators-elect from abandoning their constituency expressly to make a bid for a regional leadership post.
he Constitutional Court has barred lawmakers elected to the national or local legislatures from resigning to run in the regional head elections, saying that such an action was a violation of voters’ constitutional rights with respect to the sovereignty of the people.
On Friday, the court ruled in favor of the plaintiffs, university students Adam Imam Hamdana, Wianda Julita Maharani and Adinia Ulva Maharani, who filed a petition for a judicial review of Article 426 in the 2017 General Elections Law, which allows legislators-elect to resign and be replaced with their party’s candidate that won the next largest number of votes.
The plaintiffs argued that the arbitrary resignation of an elected legislator was “a betrayal of constituents who voted for them” and asked the court to set clear limitations on the provision.
The court’s nine justices ruled unanimously that legislators-elect may not quit for the purpose of running for another public office. Deputy Chief Justice Saldi Isra, while reading out the ruling at Friday’s hearing, said the restriction was intended “to uphold the principle of the people’s sovereignty as conducted through direct elections”.
Read also: KPU allows elected lawmakers to run in regional head elections
The ruling said an exception could be made in the case of officials appointed to a nonelected position at a state institution.
“A resignation is only justified if the [individual] is appointed to an official post, such as a minister, ambassador or other appointed public positions,” Justice Arsul Sani told the hearing.
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