There Is No More Prohibition Of Ex-corruptor Convicts From Committing Nyaleg

Illustration of voting for ballots (Irvan Meidianto / VOI)

JAKARTA - The General Election Commission (KPU) officially issued a KPU Regulation (PKPU) regarding nominations in the 2020 Regional Head Election (Pilkada). PKPU Number 18 of 2019 was officially stipulated on December 2.

However, there is something interesting about the established rules. There are a number of conditions regarding nomination in the regulations, none of which are prohibited by former corruption convicts from becoming candidates for regional head. Whereas previously the KPU planned to include the ban in this PKPU.

PKPU only regulates the prohibition for two former convicts, namely not former convicted drug dealers and not former convicted of sexual crimes against children. Meanwhile, for corruption convicts, it only calls on political parties to prioritize not former convicted corruption convicts.

Member of Commission II of the DPR RI from the Gerindra Party faction Kamrussamad said this prohibition was an important reason. The KPU also needs to strive seriously to include the ban on former corruption convicts in PKPU.

"The prohibition of former corruption convicts Maju Pilkada is a social sanction which is expected to have a deterrent effect. The fact that regional heads have been caught in corruption has increased from nine regional heads in 2017 to 20 regional heads in 2018," he said, when contacted, in Jakarta, Sunday, December 8.

Kamrussamad assessed that a legal breakthrough was needed to produce leaders with integrity. Because it also requires the support of national legal stakeholders.

"If the ban is enforced, there will be progress in building a political ecosystem with integrity," he explained.

The absence of regulations on the prohibition of former corruption convicts in PKPU, he said, indicates the KPU's failure to push for better regulations.

"The people increasingly do not believe in the quality of democracy in producing leaders with integrity," he said.

Illustration of voting for regional head elections (Irvan Meidianto / VOI)

PKPU is published according to the regulations and does not conflict with the law

Head of the Information Center of the Ministry of Home Affairs (Kapuspen Kemendagri) Bahtiar emphasized that PKPU regarding the nomination of regional heads in the 2020 Pilkada recorded as Number 18 of 2019, is in accordance with regulations and does not contradict the Law (UU).

"PKPU is in accordance with the Regulations and does not contradict the Law as a result of the Hearing Meeting between the Indonesian KPU, Bawaslu RI Government and Commission II of the DPR some time ago," said Bahtiar.

Bahtiar explained, in Article 4 regarding the requirements for regional head candidates, there is no prohibition for former corruption convicts. However, there was an addition to the norms of Article 3A paragraph (3) and paragraph (4) by the KPU, using the phrase 'prioritizing'.

Prioritizing what is meant is not the norm of requirements and is not binding in nature. Because, the norm is an appeal. Bahtiar said that the selection of candidates for regional head was entirely the authority of political parties.

In addition, Bahtiar continued, if the ban on the nomination of former corruption convicts is included in PKPU, then this provision exceeds the mandate set out in Article 7 paragraph (2) letter g and the explanation of article 7 paragraph (2) letter g of Law Number 10 of 2016 concerning the second amendment to Law Number 1 of 2015 concerning the establishment of Government Regulation in lieu of Law Number 1 of 2014 concerning the Election of Governors, Regents and Mayors. The limitation of a person's rights based on Article 28 J paragraph (2) of the 1945 Constitution must be carried out through laws, not through technical regulations.

Bahtiar explained that this provision had also been strengthened by the Constitutional Court decision No. 42 / PUU-XIII / 2015 where former convicts can run for regional heads or deputy regional heads as long as they state openly and honestly to the public as former convicts.

The content of Article 4 paragraph (1) letter h is still the same as the previous regulation, namely PKPU Number 7 of 2017 which only regulates the prohibition of two former convicts, which reads 'Not Former Convicted Drug Dealer and Not Former Convicted Sexual Crimes Against Children.'

"In article 4 of PKPU Number 18 of 2019, there is no requirement for nomination of non-corruption convicts. This means that former corruption convicts can still run as long as a political party is proposed in accordance with the provisions of Article 7 letter g of Law Number 10 of 2016," he explained.

The article reads:

"Never as a convict based on a court decision that has obtained permanent legal force or for a former convict who has openly and honestly stated to the public that he is a former convict,"

Bahtiar said that the understanding of PKPU Number 18 of 2019 needs to be disseminated to the public so that the public understands its substance and there is legal certainty in the implementation of the simultaneous Pilkada in 2020.

Previously, KPU Commissioner Evi Novida Ginting Manik said the reason for the absence of a ban on former corruption convicts from running for regional heads was because the KPU wanted to focus on the stages of candidacy for the 2020 Pilkada which had been running since October 26, 2019.

Even though he canceled banning former corruptors from becoming candidates, the KPU still hopes that Law Number 10 of 2016 concerning Pilkada is revised.