The Legality of Former Corruptors as General Election Participants from the Perspective of Constitutional Law

Abstract

General elections are a decisive moment in democratic life, as the main forum for quantifying the people's voice in carrying out the transition of leadership and government officials in executive and legislative power.  In 2018, the General Election Commission and Law Number 6 of 2016 concerning the Election of Regional Heads and the People's Representative Council prohibited former corruption convicts from participating in the Regional Elections. However, the Supreme Court and Constitutional Court decisions later amputated these restrictions. The research aims to examine and analyze the legality of the political rights of former corruption convicts along with the efforts made after the Constitutional Court decision in the framework of building democracy in Indonesia.  This research is normative legal research, the legal material used as a reference is secondary legal material which is supported by primary legal material and uses a statutory approach and conceptual approach, and analysis of the material is carried out descriptively. The research results show that (1) the Constitutional Court's decision guarantees the constitutional rights of former prisoners to participate as regional head candidates and legislative candidates in regional head elections and general elections. This decision provides legality for former convicts to occupy elected public positions (elected officials) as long as they are not subject to additional punishment in the form of revocation of voting rights by a court decision that has legal force; and (2) Efforts by election organizers to build democracy must be seen as good faith to ensure that regional head elections are held democratically. This effort was carried out by issuing technical regulations to implement the Constitutional Court decision as required quo. The regulatory material must include strict sanctions for former convicts who do not comply with the provisions of the regulation both pre and post-appointment as regional heads and candidates for members of the People's Representative Council (Central, Provincial, Regency/City). The General Election Supervisory Agency as an election supervisory institution must supervise the process of nominating regional heads and legislative candidates so that they comply with the provisions of applicable laws and regulations.