Reading The Reasons For The Extinction Of The Ex -Corruptor Prohibition In The 2020 Election Rules

Photo Illustration of KPU (Irfan Meidianto / VOI)

JAKARTA - Hopes for the General Election Commission (KPU) to clear up general election candidates from former corruption convicts are dashed. In KPU Regulation No. 18, which has just been issued, there is no prohibition against former corruptors from nominating for regional heads.

This PKPU is an amendment to PKPU Number 3 of 2017. The regulation contains the candidacy for the election of governors and deputy governors, regents and deputy regents, and / or mayors and deputy mayors issued by the head of the KPU, Arief Budiman, on December 2, 2019.

As explained in Article 4 letter (h) PKPU 18/2019, former inmates who cannot run for regional heads are former convicts of drug dealers and sexual crimes against children. Meanwhile, the prohibition regulations for former corruption convicts are not listed.

KPU commissioner Evi Novida Ginting Manik explained the reasons for the cancellation of the ban for former corruption convicts from running for office. He said that this plan has generated a lot of debate. On the other hand, the 2020 Pilkada stages will start running soon and the KPU is urged to issue regulations as soon as possible.

"This is too questionable, it can interfere with the nomination stage. Now the nomination stage has been running from October 26, so what is the requirement for individual candidates must have been completed," said Evi when contacted, Friday, December 6.

Evi admitted that his party could not be careless in listing the prohibition of ex-corruptors on PKPU 18/2019. Reflecting on the 2019 Pileg case, the KPU took the initiative to include a ban on the nomination of ex-corruptors.

It turns out that a number of articles in PKPU Number 20 of 2018 which prohibit former corruption convicts from becoming legislative candidates were sued to the Supreme Court (MA). Until finally, the Supreme Court canceled the prohibition article and the former inmates in that case were allowed to run again, after previously being declared not fulfilling the nomination requirements (TMS).

The KPU does not want the lawsuit polemic to repeat itself, but they still want regional head candidates to be clean from a background of corruption. Therefore, there are calls for political parties to prioritize candidates who are not ex-corruptors. This appeal is included in the additional article PKPU 18/2019.

"In the democratic and open selection of candidates for governor and deputy governor, regent and deputy regent and / or mayor as referred to in paragraph (2) as referred to in clause (2), prioritizing not former convicted corruption convicts," wrote Article 3A paragraph (3).

The prohibition must be from the root

Perludem Executive Director Titi Anggraini admitted that he had predicted that there would be no prohibition against former corruption convicts in PKPU. This is because the KPU is dealing with a legal and political ecosystem that does not support the breakthrough that the KPU wants to make.

If the KPU still regulates it even once, Kemenkumham will definitely not be willing to enact it because it is considered contrary to higher laws and regulations. Not to mention the potential lawsuit against the Supreme Court.

"So in this case, the KPU will face political and legal resistance as well as from those who oppose the arrangement," said Titi in a telephone connection.

Therefore, the only way through to legalize the prohibition of ex-corruptors in this democratic system is to add a load of prohibitions at a higher level of regulations than PKPU. The trick is to change Law Number 10 of 2016 concerning Regional Head Elections (Pilkada Law).

"We have high hopes that the Constitutional Court will grant our petition for judicial review of the nominations of former convicts. We hope that the Court will provide clarity and fresh air for our efforts to get candidates for regional heads with integrity," said Titi.

Titi continued, if it weren't for the Constitutional Court's decision, in the midst of the condition of the DPR which did not want to change the Pilkada Law, this polemic would never stop.

"This is our effort to keep our pilkada candidacy free of problematic and risky candidates for the public," he concluded.