An advocate Doris Manggalang Raja Sagala, the Petitioner of the judicial review of the Election Law, noting the panel’s advice at the preliminary hearing on Monday (11/24/2025). Photo by MKRI/IlhamWM.

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JAKARTA (MKRI) — The Constitutional Court (MK) held the preliminary hearing of Petition No. 219/PUU-XXIII/2025, filed by Doris Manggalang Raja Sagala, on Monday, November 24, 2025 in the Court’s panel courtroom. The petition concerns the statutory requirement for prospective legislative candidates to resign from certain posts as stipulated in Law No. 7 of 2017 on General Elections (Election Law).

The hearing was chaired by Deputy Chief Justice Saldi Isra, accompanied by Constitutional Justice Ridwan Mansyur. At the hearing, Doris explained that one of the prerequisites for prospective members of the DPR, provincial DPRD, and regency/municipal DPRD is the obligation to resign from particular public positions. These positions include regional heads and deputy regional heads, state civil apparatus (ASN), members of the Indonesian National Armed Forces, members of the National Police, as well as directors, commissioners, supervisory board members, and employees of state-owned enterprises (BUMN), regional-owned enterprises (BUMD), and other institutions funded by the state budget.

Such resignation must be expressed in a written resignation letter that becomes irrevocable once it is received and acted upon by the relevant institution. The individual is deemed to have relinquished their status, rights, and authorities once their name is included in the final candidates list (DCT).

“The resignation must be stated in a letter that cannot be withdrawn once it has been received and processed by the relevant institution,” she said.

According to Doris, the provisions under Article 240 paragraph (1)(k) and Article 240 paragraph (2)(h) of the Election Law create legal uncertainty. She argued that these rules run counter to the principles of orderliness, professionalism, effectiveness, and efficiency under Article 3 of the Election Law. The Petitioner contended that the inconsistency arises because prospective candidates from public-office or state-apparatus backgrounds may be announced by the KPU, Provincial KPU, or Regency/Municipal KPU through various media even though their resignations have not been definitively finalized. She asserted that this situation creates the potential for uncertainty and may disadvantage several parties as candidacies are publicly announced while the resignation status remains unsettled.

Responding to the petition, Constitutional Justice Ridwan Mansyur asked the Petitioner to clearly elaborate on her legal standing. “You qualify yourself as an Indonesian citizen working as an advocate who is harmed by the provisions mentioned. You explained many things, but they are not directly related to your legal standing,” Ridwan remarked.

The panel granted the Petitioner 14 days to revise the petition. The revised petition must be submitted no later than Monday, December 8, 2025.

Explore the case : Tracking Case No. 219/PUU-XXIII/2025 (in Bahasa Indonesia)

Author: Utami Argawati
Editor: N. Rosi
Translator: Yuanna Sisilia

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

 

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