Minister who developed a legislative candidates, are not obliged to resign from his post. The absence of such an obligation to resign, judged not guarantee legal certainty, as guaranteed by the 1945 Constitution. This is the reason of Arif Sahudi and Ahmad Rizal, two residents of Surakarta, Central Java, to apply for judicial review of Article 51 paragraph (1) letter k of Act 8 of 2012 on the Election of Members of the House of People Representatives, House of Regional Representatives, and Regional Representatives Council to the Constitutional Court (MK).

In a session led by Judge Hamdan Zoelva, Thursday (20/06/2013), the legal counsel to the Petitioners in Case No. 59/PUU-XI/2013, W. Agus Sudarsono, explaining the absence of permanent retirement obligation for the minister who ran for the legislature potential abuse of authority. In addition, no regulation of ministerial posts in the election law led Legislature petitioners as citizens who pay taxes are not served well.

Article 51 paragraph (1) letter K Legislative Elections Act reads, "Candidate Member of Parliament, Provincial Councils and District / City is an Indonesian citizen and must meet the following requirements: k. resigned as Regional Head, Deputy Head, Civil Servants, Members of the Indonesian Armed Forces, Indonesian National Police Member, Board of Directors, Commissioners, Board of Supervisors and Employees in State-Owned Enterprises and / or regional-owned enterprises or other agency that finances sourced on state finances, which is indicated by a letter of resignation cannot be withdrawn."

The applicant requested the Court that Article 51 paragraph (1) letter k declared contrary to the 1945 Constitution was not interpreted along and including the Minister or other office under the provisions of the Act is equivalent to the position of Minister

To petition the Constitutional Court Justice Ahmad Sumadi Fadlil was advising the applicant to seek provisions in the Constitution relating to the application arguments. According to Fadlil, linkages with the enactment of the tested norm constitutional rights of the applicants have not seen.

Arief Hidayat admonished the applicant that outlines the absence of a permanent obligation resignation from office to the ministers who become candidates is an issue of constitutionality of the harm to the Petitioners.

While Chief Justice Plenary Hamdan Zoelva reminds that such provisions been tested and ruled on by the Court in case No. 45/PUU-VIII/2010, 12/PUU-XI/2013, and Case Number 15/PUU-XI/2013. Even MK currently also testing process of Article 51 paragraph (1) letter K Legislative Election Law, which in the case Number 57/PUU-XI/2013 filed by FX Arief Poyuono. He postulated, resignation obligation for public officials in legislative candidate mechanism should be interpreted in the same way for all public officials, including the Ministers which will be registered as a candidate. Before ending the trial, Hamdan gave a chance for 14 days time to the applicant to revise their petition. (Ilham / NR)