Deputy Chairman of Commission II of the DPR, Junimart Girsang, revealed that the General Election Commission (KPU) does not need to consult regarding the decision of the Constitutional Court (MK) regarding former convicts of new corruption cases being able to run for members of the legislature after five years of being released from prison.
"The KPU does not need to consult with Commission II of the DPR regarding court decisions that have permanent legal force and do not need to be interpreted," Junimart said in Jakarta, Thursday.
According to him, the KPU does not need to hesitate to apply the Constitutional Court's decision Number 87/PUU-XX/2022 because there is no need to interpret the decision.
Junimart said the KPU needed to immediately include a stipulation on the Constitutional Court's decision in the General Elections Commission Regulation (PKPU). The Constitutional Court's decision is part of a binding law.
"The KPU must not hesitate, must and must comply with court decisions that are already inkracht van gewijsde. The KPU must not make regulations that are against the law because court decisions are binding laws for anyone," he said.
Junimart stated that he agreed with the Constitutional Court's decision while following the decision of the general court which had been inkracht which required that an inmate be deprived of his political rights not to nominate and or be nominated in the process of political office.
He assessed that in implementing the decision there must be adjustments for ex-convicts whose political rights status has been revoked by the general court, such as the corruption court (tipikor).
This is so as not to overlap that creates injustice if an ex-convict has previously been revoked by the court for less than five years.
"Of course it is not allowed because this decision overlaps. For example, if a person by a general court has his political rights revoked for only three years, of course, this Constitutional Court decision cannot be applied to the person because the Constitutional Court cannot correct the court's decision. This must be understood," he explained.
Earlier on Wednesday, November 30, the Constitutional Court decided to partially grant the judicial review of Law Number 7 of 2017 concerning General Elections submitted by private employee Leonardo Siahaan.
The request granted relates to the prohibition for former convicts of corruption or corrupt cases to run for legislative members for five years since he was released or released from prison.
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 binding legal force.
Article 240 paragraph (1) letter g of the Election Law states that prospective candidates for members of the DPR, provincial DPRD, and district/city DPRD are Indonesian citizens and must meet several requirements, including never being sentenced to prison based on court decisions that have obtained permanent legal force for committing criminal acts that are threatened with imprisonment of 5 (five) years or more, except openly and honestly convey to the public that the person concerned is a former convict.
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