Menjaga Asa Kedaulatan Rakyat dalam Penggantian Calon Terpilih Anggota DPR RI dengan Mekanisme Pengunduran Diri Pasca Putusan Mahkamah Konstitusi

Abstract

General elections have an important role in maintaining the dignity of people's sovereignty. This has challenges that are not in realizing it in real life in Indonesia. The electoral legal system regulated in the law has an important role in this matter. One important aspect related to the resignation is based on the norm contained in Article 426 paragraph (1) letter b of Law Number 7 of 2017 concerning General Elections which does not limit elected candidates to resign for any reason. This article tries to examine First, how is the reality of the legal system related to the resignation of elected legislative candidates before the Constitutional Court's decision?; Second, what are the implications related to the resignation of elected legislative candidates after the Constitutional Court's decision?; It cannot be denied that the existence of this electoral system is very important in how the quality of people's sovereignty can exist in the existing electoral process.