Obligation to Resign Legislative Members in Regional Election: Is There Unequal Treatment?

Abstract

. This article discusses the obligation resignation of members of the House of Representative/district (DPR/DPRD) when it will run into the head region. As a political position, DPR/DPRD members who run for Regional Heads required to resign first as mandated by the Constitutional Court Decision Number 57/PUU-XI/2013. It is considered as a form of injustice because the minister and incumbent as a political position are not required to resign. Even though the minister or incumbent's potential for abuse of power is enormous but only needed to take leave during the campaign. Besides, in practice, the abuse of the region head's authority often found the use of positions to mobilize employees in the regions. Members of the DPR/DPRD do not own this authority because they have no mass base and areas. Some of the questions that will answer in this article are. (1) whether there has been unequal treatment in this matter? (2) what are the constitutional Court considerations in determining the legal politics of this matter? and (3) Is the obligation to resign members of the DPR/DPRD still following the development of the political system in Indonesia?