KPU Prepares Requirements For Candidates For Regional Heads Of Ex-Drug Users

JAKARTA - The General Election Commission (KPU) will revise regulations regarding the conditions for nominating regional heads. The KPU has prepared regulations to include requirements related to candidates who have abused drugs.

This requirement is regulated in the revision of KPU Regulation (PKPU) Number 1 of 2020 concerning Nominations for the Election of Governors and Deputy Governors, Regents and Deputy Regents and / or Mayors and Deputy Mayors.

"The KPU must be careful in revising this PKPU because it involves candidacy to be elected as regional head. Later we will see how the final regulations are and also how the processes in each region are," said KPU Commissioner, I Dewa Kade Wiarsa Raka Sandi. contacted VOI, Wednesday, August 5.

Currently, the draft revision of PKPU No.1 / 2020 has been submitted to the DPR for discussion. However, the KPU is still waiting for the discussion schedule because the DPR is in a recess period.

The PKPU revision continued Raka to accommodate the results of the decisions of the Constitutional Court (MK) and the Supreme Court (MA). In December 2019, the Constitutional Court rejected the petition for judicial review of Article 7 paragraph (2) letter i of Law Number 10 of 2016 concerning Pilkada filed by former Regent Ogan Ilir, Ahmad Wazir Noviadi.

The Constitutional Court assessed that drug users are prohibited from running for regional head. However, there are three conditions that are excluded. First, drug users who are due to health reasons as evidenced by the information from the treating doctor.

Second, ex-drug users who because of their self-awareness report themselves and have finished undergoing the rehabilitation process. Third, former drug users who are proven to be victims based on a court ruling and have been declared to have completed the rehabilitation process.

Whereas in Article 4 letter h PKPU 1/2020, the KPU only regulates the requirements for regional head candidates not to be former convicted drug dealers or not former convicted persons for sexual crimes against children.

"So, then the KPU regulations were changed to adopt the latest legal developments. But, more technically. Regarding whether or not to be nominated, later in the nomination process there are criteria," said Raka.

"We cannot say that candidate A or B will pass (nomination) or not. Because perhaps the legal facts are different. This nomination is an important issue because the legal facts are also confirmed," he added.

Apart from accommodating the Constitutional Court's decision regarding the candidate for regional head of former drug users. The KPU will also accommodate the Supreme Court decision Number 6 P / HUM / 2020. In its decision, the Supreme Court stated that Article 4 Paragraph (1) letter p number 2 PKPU Number 3 of 2017 does not have binding legal force.

In this way, the KPU must also revise the rules stating that the requirements for a regional head candidate have never served as deputy governor for a regent, a vice regent, a mayor or a deputy mayor in the same region.