Candidate Ex-Advanced Convicts: Former Prisoners Have A 5 Year Jeda Period To Advance Legislative Members

Illustration of the central KPU building in Jakarta. (Between)

YOGYAKARTA The rule for ex-convicts to run for legislative candidates is that former convicts can only run for legislative members 5 years after leaving prison.

This is in accordance with the decision of the Constitutional Court Number 8787/PUU-XX/2022 on the request for a judicial review of Article 240 paragraph (1) letter g of Law Number 7 of 2017 concerning General Elections sent by a private employee, Leonardo Siahaan.

The lawsuit was granted in a trial held on Wednesday, November 30, 2022. The request granted relates to the prohibition of former convicts of corruption or corruptors from running for legislative members for five years after he was released or released from prison.

"Granted the petitioner's petition in part," said Chief Justice of the Constitutional Court Anwar Usman, quoted from ANTARA, Thursday, December 1, 2022.

According to the Constitutional Court, the norm of Article 240 paragraph (1) letter g of Law Number 7 of 2017 concerning Elections which regulates this is contrary to the 1945 Constitution and does not have conditionally binding legal force.

As for Article 240 paragraph (1) letter g of the Election Law, it states that prospective candidates for members of the DPR, provincial DPRD, and district/city DPRDs are Indonesian citizens and must meet several requirements.

Among other things, he has never been sentenced to prison based on a court decision that has obtained permanent legal force for committing a crime that is threatened with imprisonment of 5 (five) years or more, except openly and honestly conveying to the public that he is a former convict.

With the receipt of the lawsuit filed by Leonardo Siahaan, the Constitutional Court requires the state to amend the provisions contained in Article 240 paragraph 1 letter g of the Election Law.

Furthermore, the candidates for members of the DPR, provincial DPRD, and district/city DPRD are Indonesian citizens and must meet several requirements:

According to the Constitutional Court, a five-year gap period after the convict carries out a criminal period is sufficient time to self-introspect and adapt to the community in his environment for regional head candidates, including candidates for members of the DPR, Provincial DPRD, and district/city DPRD.

Even so, the Constitutional Court still allows former corruptors to run for legislative members as long as they have passed a period of five years after their sentence.

Next, they must also be honest or openly announce to the public about their identity background. This provision is intended so that former corruption convicts or corruptors do not lose their political rights as Indonesian citizens.

KPU Response Problem

After the Constitutional Court grants the lawsuit filed by Leonardo Siahan, the Indonesian General Election Commission (KPU) will study the conditions for the nomination of ex-convicts to become legislative candidates.

"In my response, the KPU will study the Constitutional Court's decision. We will consult the material for the Constitutional Court's decision (judicial review) to the legislators, in this case the President and the DPR (Commission II of the DPR)," said Chairman of the Indonesian KPU Hasyim Asy'ari in Jakarta Wednesday.

Hasyim said that among the things that the KPU needed to consult were the implementation in the KPU regulations, whether it was only for candidates for members of the DPR RI, provincial DPRD, district, city, or also a candidate for members of the DPD RI.

That's the information regarding the rules for ex-convicts running for legislative candidates. To get news up to date, keep listening VOI.id