Doris Manggalang Raja Sagala as the Petitioner attending the hearing on the withdrawal of the judicial review of Law No. 7 of 2017 on General Elections, Monday (12/8/2025) in the panel courtroom of the Court. Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) confirmed the withdrawal of Petition No. 219/PUU-XXIII/2025 filed by Doris Manggalang Raja Sagala at a hearing on Monday, December 8, 2025, in the Court’s courtroom. During the proceedings, Deputy Chief Justice Saldi Isra asked the Petitioner directly regarding the withdrawal letter received by the Court. “The Court has received your letter. Is it correct that you wish to withdraw the petition?” he asked.

Responding to the question, Doris affirmed that she was withdrawing the petition submitted to the Court. “Yes, that is correct, Your Honor. I withdraw my petition and will instead convey my aspirations to the House of Representatives (DPR), because the issue we raised before the Court is more appropriately addressed through a legislative review,” she said.

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Advocate Challenges Resignation Requirement for Legislative Candidates

As additional background, Petition No. 219/PUU-XXIII/2025 was filed by Doris Manggalang Raja Sagala. At the preliminary hearing on Monday, November 24, 2025, the Petitioner challenged the provision on mandatory resignation for individuals intending to run as legislative candidates as regulated under Law No. 7 of 2017 on General Elections (Election Law).

Doris explained that one of the requirements for prospective members of the House of Representatives (DPR), provincial Regional Legislative Councils (DPRD Provinsi), and regency/municipal Regional Legislative Councils (DPRD Kabupaten/Kota) is the obligation to resign from certain offices. These include regional heads, deputy regional heads, state civil apparatus (ASN), members of the Indonesian National Armed Forces, members of the Indonesian National Police, directors, commissioners, supervisory board members, and employees of state-owned enterprises (BUMN) and regional-owned enterprises (BUMD), as well as other institutions funded by the state budget.

Such resignation must be submitted through an irrevocable resignation letter once it is received and acted upon by the relevant institution. Moreover, individuals who resign are deemed to have relinquished all status, rights, and authority from the moment their names are placed on the final candidates list (DCT).

“The resignation in question must be declared through a resignation letter that cannot be revoked once it has been received and acted upon by the relevant institution,” she stated.

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 contradict the principles of orderliness, professionalism, effectiveness, and efficiency as stipulated in Article 3 of the Election Law. She maintained that discrepancies arise because prospective candidates who are public officials or state officials may still be announced by the KPU, provincial KPU, or regency/municipal KPU across various media outlets even though their resignation status is not yet final.

The Petitioner considered that this situation could lead to legal uncertainty and potentially disadvantage various parties, as their resignation status remains unsettled despite the official publication of their names.

Explore the case further: Case No. 219/PUU-XXIII/2025

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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