PEMBATASAN HAK POLITIK MANTAN TERPIDANA MENGIKUTI KONTESTASI PEMILIHAN UMUM 2024 DI INDONESIA

Abstract

Based on the Constitutional Court Decision, the limitation of political rights of former convicts only applies to candidates in regional head elections at the district/city and provincial levels, members of the legislature at the district/city, provincial and national levels. Meanwhile, according to the General Elections Commission, candidates who wish to run for membership in the Regional Representatives Council do not apply the requirement that a five-year period has passed after the former convict has completed serving a prison sentence based on a court decision that has permanent legal force. The problem that arises then is how to limit political rights for former convicts to participate in the general elections for members of the Regional Representatives Council in Indonesia in 2024. The research method used is normative juridical law research. The results of the research show that the open legal policy of legislators in formulating legislative provisions on elections seems one-sided. Restrictions on political rights for former convicts who wish to take part in the 2024 elections under certain conditions only apply to regional head candidates and members of the DPR, Provincial DPRD and Regency/Municipal DPRD. Meanwhile, former convicts who wish to register as candidates for DPD members in the 2024 elections are still using Article 182 letter g of Law Number 7 of 2017 concerning General Elections.