TEMPO.CO, Jakarta – Researcher at the Association for Elections and Democracy (Perludem) Annisa Alfath revealed that there are several valid reasons where legislative candidates or candidates who have been elected can be asked not to be inaugurated. She said this was regulated in Law Number 7 of 2017 concerning Elections and KPU Regulations.
“First, one of the most common reasons is if the elected candidate runs for an executive position,” Annisa said when contacted from Jakarta on Thursday, September 12, 2024.
She said that in the event that a candidate runs for an executive position – for example participating in regional elections – the candidate must resign from the position that is supposed to be inaugurated. The KPU has regulated that a person cannot hold executive and legislative positions simultaneously.
Second, he said, resignation at his own request. Elected candidates can voluntarily resign for various reasons, such as personal reasons, health, or other decisions not related to the party.
Third, court decisions. If a candidate is involved in a legal case and there is an inkrah or legally binding court decision, then he or she can be prohibited from being inaugurated as a member of the House of Representatives (DPR) or Regional Representatives Council (DPRD).
Fourth, death. If the elected candidate dies before being inaugurated, the party can replace him/her with another candidate from the same party.
Political Parties Should Not Ignore People’s Rights
Annisa emphasized that political parties cannot arbitrarily request that elected candidates not be inaugurated based only on internal party decisions. In principle, she said, elected legislative members are representatives of the people’s choices in elections. This people’s right should not be ignored by political parties.
Substitutions can only be made in situations that are in accordance with applicable laws. In fact, if there is a request from the party, elected candidates still have the right to fight for their position.
However, parties do have the authority to discipline their cadres. For example, if there is a very serious violation of party discipline, the party can impose sanctions.
“However, to replace or request that elected candidates not be inaugurated, there must be valid reasons in accordance with the law, such as the reasons previously mentioned,” he said.
In reality, he said, there are many pragmatic practices to carry out interim replacements (PAW), there are negotiations between elected candidates and party elites that become an agreement to play the seat and this is very unfortunate because the DPR’s election has finally become insubstantial.
KPU Receives Letters from Political Parties Regarding Substitution of Candidates
Previously, KPU Commissioner Idham Holik confirmed that his party received letters from several political parties to replace elected candidates.
“With regard to this matter, we have indeed received several letters from political party leaders,” Idham said when contacted from Jakarta on Wednesday, September 11, 2024.
He said the KPU would also conduct a study of the letter. If it meets the provisions of the legislation, the KPU will clarify both the political party that submitted the letter and the elected candidate who was replaced or dismissed.
Idham said this needs to be done as stipulated in Article 32 paragraph (1) and Article 33 of Law Number 2 Year 2011, which explains that if the dismissed political party member files a lawsuit with the district court, the KPU must wait for the completion of the verdict of the lawsuit.
This article has been published on Tempo.co with the title “Perludem Reveals Four Valid Reasons for Elected Candidates Not to be Inaugurated, What Are They?”, https://pemilu.tempo.co/read/1915575/perludem-ungkap-empat-alasan-sah-caleg-terpilih-tak-dilantik-apa-saja