MK Arranges 5 Year Pause For Ex-Corruptors To Signal Pilkada

Deputy Chairman of Commission II of the DPR Arif Wibowo (Mery Handayani / VOI)

JAKARTA - The Constitutional Court (MK) granted a petition for judicial review of the Pilkada Law, related to the nomination of ex-convicts in regional head elections. The Constitutional Court decided that ex-convicts could only run for local elections after five years of their sentence had ended.

Deputy Chairman of Commission II Arif Wibowo said the Constitutional Court's decision regarding the five-year time lag after leaving prison was quite correct. He considered that the Constitutional Court's decision had to do with the matter of human rights (HAM) in the political field.

"That is our Constitutional Court decision. It is impossible for the Constitutional Court's decision to be equivalent to the law," he said, at the DPR Building, Parliament Complex, Senayan, Jakarta, Wednesday, December 11.

According to Arif, the Constitutional Court's decision regarding the five-year pause for both convicts and ex-corruptors is clear enough so as not to repeat the mistakes they had made. It is also the duty of political parties to trace the track records of each candidate they carry.

"So it is the party's obligation to trace every candidate's track record. And the Constitutional Court decision has been a positive decision since it was read and declared invalid," he continued.

This PDIP politician also ensures that his party will not bring in ex-convicts or ex-corruptors, after the Constitutional Court decision. "If the decision reads like that, that's fine," he said.

A similar sentiment was also conveyed, a member of Commission II, Sodik Mudjahid, considered that the Constitutional Court's decision was a good and wise middle way. However, it remains constitutional. Because, previously there were two groups with different views on this matter.

"Gerindra complies with the constitution and law, including the latest Constitutional Court decisions. But still aspirational, as has been stated by Gerindra Secretary General Ahmad Muzani. Gerindra asks DPC and DPD throughout Indonesia not to nominate ex-convicts in Pilkada," he said.

According to Sodik, what is no less important is the KPU and the public, especially the media, to enlighten the public as a candidate for voters about the background of each candidate before the Pilkada.

"Even though the Constitutional Court's decision has not had a maximum effect, there is an additional hope of a deterrent effect. But indeed, the deterrent effect must be carried out simultaneously in various fields, not only in the Pilkada," he explained.

In the Constitutional Court's decision, the panel of judges ensured that changes were made to Article 7 paragraph (2) letter g of Law Number 10 of 2016 concerning Second Amendment to Law Number 1 of 2015 concerning Stipulation of Government Regulations in Lieu of Law Number 1 of 2014, concerning Election of Governors, Regents and Mayors.

The revision of the article details the requirements that a candidate for regional head must meet. Besides ex-convicts must have a five-year gap to be able to advance in the election, ex-convicts who will come forward are also not perpetrators of repeated crimes. According to the judge, the time consideration for the adaptation is adjusted to one general election period.

Constitutional Court Building (Irvan Meidianto / VOI)

Positive Response to the Constitutional Court Decision

Perludem Executive Director Titi Anggraini welcomed the decision of the Constitutional Court (MK) which granted the judicial review lawsuit regarding the deadline for ex-convicts to advance in regional head elections. According to him, this is a special gift in the atmosphere of the commemoration of the international anti-corruption day which falls on December 9.

"Although it does not accommodate all of our requests. The Constitutional Court's decision is a special gift in an atmosphere of commemoration of international anti-corruption and international human rights day," said Titi in his written statement.

With this decision, Perludem hopes that the 2020 simultaneous regional elections in 270 regions can really present clean and anti-corruption candidates. This allows candidates for regional heads to concentrate on developing the region optimally, with the perspective of public services and good governance.

Even so, Titi said that extra steps must be followed by the General Election Commission (KPU). KPU must regulate the technical implementation of the pilkada, so that voters can get maximum information on the track record of a candidate, especially with regard to legal problems that the candidate has faced.

"Revision of this regulation is important to do immediately, so that the technical mechanism of nomination is more certain, especially for former convicts who will become candidates. In addition, the KPU needs to immediately socialize the KPU regulations, which are in accordance with the Constitutional Court decision," said Titi.

Granted. Former prisoners (all criminal acts punishable by a sentence of 5 years or more) if nominating in the pillada there must be a 5-year gap (the applicant asks for a 10-year gap), not a recidivist, and must honestly state that he is a former convict. t.co/HKuMou8EOS

- Titi Anggraini (@titianggraini) December 11, 2019

Titi suggested two steps that could be taken by the KPU. First, make arrangements that allow political parties to replace candidates affected by the KPK's OTT on the grounds that the candidate is permanently unable. Second, breakthroughs in technical arrangements in KPU Regulations concerning Campaigns and KPU Regulations concerning Voting and Counting of Votes at TPS.

He said this step was taken to translate more specifically, concretely, and reach broadly for the "honest and open" clause, acknowledging that he is an ex-convict for former convicts who are nominated in the regional elections.

Apart from that, the PKPU provisions concerning Voting and Vote Counting at TPS, said Titi, also need to regulate the announcement of the status of ex-convicts. For example, being punished for what kind of act, for how long, and when was pure freedom posted on the announcement board at the polling station containing the curriculum vitae of the candidate for regional head and deputy regional head.

"So far, at each TPS, the profiles of candidates contesting in the Pilkada have always been announced. However, the KPU has never regulated the issue of announcements at this TPS in either the legislative or regional elections," he explained.