IMPLEMENTATION OF REPLACEMENT OF ELECTED LEGISLATIVE MEMBERS REVIEWED IN LAW NUMBER 7 OF 2017 CONCERNING GENERAL ELECTIONS

Abstract

This research analyzes the implementation of elected legislative member replacement under Law Number 7 of 2017 concerning General Elections and its implications for people's sovereignty and democracy in Indonesia. Using normative juridical research with statute and concept approaches, this study examines legal document analysis and literature review. The findings reveal systematic distortions in the implementation of legislative member replacement, as evidenced by the cases of Mulan Jameela and Harun Masiku in the 2019 election, which violated Article 426 paragraph (3) requiring replacement based on the highest vote order from the same party. Supreme Court Decision Number 57/P/HUM/2019 created abuse of authority by granting political parties the power to transfer votes of incapacitated candidates. The regulatory weakness lies in the unclear provisions of Article 426 paragraphs (3) and (4) regarding resignation without clear reasons, creating opportunities for transactional politics that damage electoral integrity and democratic quality in Indonesia.