JAKARTA - The Panel of Justices at the Constitutional Court (MK) granted part of the petition for judicial review related to the candidacy of corrupt ex-convicts in the Pilkada. The former prisoner in this corruption case, can only run again as regional head after the five-year sentence ends.
The judicial review of Article 7 paragraph 2 letter (g) of Law Number 10 of 2016 concerning the Election of Governors, Regents and Mayors is registered by Indonesia Coruption Watch (ICW) and the Association for Elections and Democracy (Perludem).
"The main point of the petition is legally grounded in part," said Chief Justice Anwar Usman while reading the conclusion of the verdict at the Constitutional Court Building, Jalan Medan Merdeka Barat, Central Jakarta, Wednesday, December 11.
During the trial, the Constitutional Court explained their consideration to decide that former corrupt convicts must wait five years after their sentences were completed. This is because the five-year period is the same as the general election period and ex-convicts can adapt.
"Regarding the long deadline, the court consistently refers to the decision of the Constitutional Court Number 4 / PUU-VII / 2009, namely that former convicts who have completed their criminal period are required to wait five years to be able to apply for regional head candidates except for those concerned. who have committed a crime of negligence or a political crime, ”continued Judge Suhartoyo when reading the verdict.
Although he consistently refers to the decision of the Constitutional Court Number 4 / PUU-VII / 2009, there are changes in the decision, namely changing the alternative requirements to become cumulative requirements.
Among them are related to the requirements to apply to the elected office, limited to five years, honesty and openness to announce the background as an ex-convict, and not a recurrent criminal.
When reading out his considerations, the judge also said that there were empirical facts that proved those who were former corrupt convicts who returned to being regional heads had repeated their mistakes. So adaptation and proof to the community is needed, by providing a five-year pause for former corruptors who will advance to the Pilkada.
Hopefully it will bring changes
The Corruption Eradication Commission (KPK), which often arrests regional heads, appreciates the decision of the Constitutional Court (MK). KPK spokesman Febri Diansyah said the decision regarding the five-year pause for corrupt ex-convicts to advance in the Pilkada was considered satisfactory.
Not only that, this decision can limit the space for corruptors to return to important positions. "(This decision) has further limited the space for those convicted of corruption cases or corruptors," Febri told reporters at the Red and White House, Jalan Kuningan Persada, South Jakarta, Wednesday, December 11.
"So that narrows the space for corruptors to be re-elected as regional heads, we welcome the decision," he added.
The KPK, said Febri, actually wants former convicts in corruption cases to be limited to the maximum extent possible from returning to the position of regional heads. This is because the corrupt regional heads have betrayed the votes and authority given to them.
As a follow-up to the Constitutional Court Judge's decision, the KPK then asked the KPU to immediately make more detailed rules. This includes setting a five-year hiatus, starting from the time that all stages of the crimes imposed on the criminals have been paid.
"So all the sentences outlined in the verdict have been carried out, both imprisonment, paid fines, paid off compensation and have carried out the revocation of political rights," he concluded.
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