QUALIFICATIONS FOR A LEGISLATIVE MEMBER

The presidential election is not the only general election that will take place in Indonesia this year. Legislative elections, which will determine the representatives of the people of Indonesia and is equally important, will be held simultaneously with the presidential election.

The election of the representatives of the people of Indonesia plays a pivotal role in determining the direction of the nation for the next 5 years. For the purpose of screening out the candidates of the rep- resentatives, Indonesia election body, Komisi Pemili- han Umum (KPU) has issued KPU Regulation No. 20 of 2018 which has been amended by KPU Regulation No. 31 of 2018 (“KPU Regulation 20/2018”).
This regulation stipulates the procedures and the qualifi- cations to run for a spot in the DPR, Provincial DPRD and Regency DPRD. The prerequisites set out in KPU Regulation No. 20 of 2018 is expected to bring about the ideal legislative candidates for the public to elect as their representatives.

The following are the complete provisions regarding qualifications that must be fulfilled by a legislative candidate in the 2019 Election:
a. Indonesian citizens
b. 21 (twenty one) years old or older since the DCT determination
c. Belief in God Almighty
d. Resides in the territory of the State of the Republic of Indonesia
e. Able to speak, read, and / or write in Indonesian f. Graduated with a minimum high school,
madrasah aliyah, vocational high school, vocational
madrasah aliyah, or other equivalent school
g. Loyal to Pancasila, the 1945 Constitution of the
Republic of Indonesia, the State of the Republic of
Indonesia, and Bhinneka Tunggal Ika
h. Never been convicted of a crime with 5 (five)
years or more imprisonment term based on a court decision that has permanent legal force with the exception that they may offer themselves as Candidates if they have made an open and honest announcement to the public that they are a former convict
i. Not be a former convicted drug dealer or a child sexual offender
j. Physically, mentally, and free from use of narcotics, psychotropic substances and addictive substances
k. Be registered as a voter
l. And willing to work full time m. Candidates must also resign as

1) governor, vice governor, regent, vice regent, mayor or vice mayor
2) village head
3) village apparatus that includes elements of
staff who assist the Village Chief in policy formulation and coordination accommodated in the Village Secretariat, and supporting elements of the task of the Village Head in implementing policies accommodated in the form of technical implementers and territorial elements
4) State Civil Apparatus
5) members of the Indonesian Armed Forces
6) members of the Republic of Indonesia
National Police
7) directors, commissioners, supervisory
boards and / or employees in State-Owned Enterprises, Regionally-Owned Enterprises, Village-Owned Enterprises, or other entities whose budgets are sourced from state finances
8) resign as Election Organizer, Election Committee or Supervisory Committee

n. willing to cease practice as a public accountant, advocate, notary, deed of land officer, or do
not carry out the work of providing goods and services related to state finances as well as other work that may result in conflict of interest with duties, authority and rights as members of the DPR, DPRD Province, and Regency / City DPRD in accordance with statutory provisions
o. willing to cease concurrently holding positions
as other state officials, directors, commissioners, supervisory boards and / or employees in State- Owned Enterprises, Regionally-Owned Enterprises, Village-Owned Enterprises, or other entities whose budget comes from state finances
p. is a member of a political party
q. nominated in only 1 (one) representative institution r. nominated by only 1 (one) political party
s. nominated in only 1 (one) Electoral District; and
t. resign as a member of the DPR, Provincial DPRD or
Regency / City DPRD for candidates for DPR, Pro- vincial DPRD, or Regency / City DPRD if nomination comes from different Political Parties from the Political Parties represented in the Last Election.

By the abovementioned requirements, we can con- clude that the stipulated requirements in the KPU Regulations generally can be divided into several categories. First, there are regulations regarding the personal aspects of candidates of legislative members such as age, level of education, domicile and their practice of Pancasila; Second, the obligation to resign from certain positions or professions in order to avoid conflict of interest; Third, the provisions on having a clean criminal records and last but not least, provi- sions regarding the nomination of legislative candi- dates by political parties.

Regulations regarding the qualifications of legislative candidates are expected to yield qualified candidates who possess integrity. Moreover, political parties also play a vital role in ensuring the quality of proposed legislative members, especially in connection with the revision of KPU Regulation No. 20 of 2018 through KPU Regulation No. 31 of 2018 which essentially still allows Candidates with corruption convictions to run for office, as long as he announces this matter honestly and openly to the public.

However, the Indonesian people play the most important role in ensuring the elected legislative members are those who earnestly have the ability and aspirations to represent the people. Ultimately, political education becomes crucial during this period to provide the general public with sufficient material and consideration to exercise their political choices. WNA/HES