INSTRUMEN ADMINISTRATIF PEMBATASAN PENGGUNAAN FASILITAS NEGARA OLEH CALON PRESIDEN PETAHANA DIKAITKAN DENGAN UPAYA PEMILIHAN UMUM YANG DEMOKRATIS

Abstract

State facilities are finance means and infrastructure from APBN and or APBD. The use of
state facilities is essentially recommended in the interests of the government. In accordance with
current regulations of the law regarding the use of state facilities, facilities of state are indeed used
for accommodation and continuity in government practices. But it’s different in elections, public
facilities are not allowed to be used for the campaign’s benefit. That way any facilities attached to
the office of a state officials, including incumbent presidential candidates are absolutely not
allowed to be used to campaign.So while state facilities could still be used by incumbent
presidential candidates, then it would not in thid case reflect a democratic election that conforms
to the principle of elections. However, on the other hand the position of president is still attached
to the incumbent presidential candidate. Where based on the constitution, the president is both a
head of state an a head of government that has duties and functions.A president has the right to use
the state facility attached to himself to perform his duties and functions as president. So the safety
of a president must be maintained. In this context, no one of current presidential security
procedures can be left behid.
The study uses normative-law research typology also called doctrinal law research, which
deals more specifically with law synchronization, as it relates to the use of state facilities by
incumbent presidential candidates that would later be.
The result of the study by the author is that administrative instruments of limitation of the
use of state facilities by incumbent presidential candidates have not been able to afford restrictions
on incumbent presidential candidates in accordance with the basic principles of elections. While
regulatory restrictions on the use of state facilities for government official other than the incumbent
presidential candidates to elections are clearly established, both for incumbent participants and
other participants, the rule of limitation of state facilities for reelaction presidents is not the same
as other government officials who reelaction. Based on the decision of the constitutional court
number 10/PUU-XVII/2019 explaining that the incumbent presidential candidates as president who
has a position that cannot be separated from him is not to take a leave. Nevertheless, the
constitutional court ruled that a ban be placed on the incumbent presidential candidates for the
campaign so as not to abuse his position asa successor because there was something inherent in
the president according to article 305 of constitution number 17 in 2017, where this will not be
relinquished from the future incumbent presidential candidates.
Keywords: State Facility-Incumbent Presidential Candidates-Administrative Instruments