PERLINDUNGAN HAK KONSTITUSIONAL PEMILIH DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 176/PUU-XXII/2024 TERHADAP PASAL 426 AYAT (1) HURUF b UU NO. 7 TAHUN 2017 TENTANG PEMILU

Constitutional Rights Protection of Voters in the Constitutional Court Decision Number 176/PUU-XXII/2024 Regarding Article 426 Paragraph (1) Letter b of Law Number 7 Year 2017 on General Elections

Abstract

General elections are a fundamental pillar of democracy that guarantee the sovereignty of the people through the mechanism of electing representatives. However, the mechanism for the resignation of elected candidates before the Constitutional Court Decision Number 176/PUU-XXII/2024 still left ambiguities and potential abuses that harm the constitutional rights of voters. The research problem in this study is how the resignation mechanism of elected candidates was before the decision and how the Constitutional Court decision strengthens the protection of voters' rights related to the resignation of elected candidates. This study uses a normative juridical method with a literature review approach, examining the Constitutional Court decision, legislation, and related legal literature. The results show that before the Constitutional Court decision, the regulation on the resignation of elected candidates in the Election Law was still open to multiple interpretations and did not regulate in detail the reasons and consequences of resignation. The Constitutional Court Decision Number 176/PUU-XXII/2024 affirms that the resignation of elected candidates is only permitted for state assignments in non-elective positions and rejects resignation for personal political interests such as running in regional elections. This decision strengthens the protection of voters' constitutional rights and the integrity of Indonesia's democratic system. Thus, the Constitutional Court decision is an important step in improving the election system and maintaining public trust in the democratic process.