Support Constitutional Court Decisions On Ex-Device Can Be Nyaleg After 5 Years Of Prison Freeness, PAN: Elections Become Integrity

Deputy Chairperson of PAN Viva Yoga Mauladi revealed that he supports the decision of the Constitutional Court (MK) regarding the prohibition of former convicts, including corruptors who have not served a minimum of 5 years in prison as candidates for legislative members (candidates).

"This Constitutional Court decision will be a new way to increase elections so that they have integrity and quality, are filled by candidates who have tested credibility, track records, and competencies," said Viva in her statement, quoted from Antara, Friday, December 2.

He agrees that the Constitutional Court's decision on Law Number 7 of 2017 concerning Elections must be in line with Law Number 10 of 2016 concerning Pilkada. This, especially regarding candidates for legislative members, must be limited to five years and can participate in the process of choosing and or being elected for five years in the next election.

"The goal is that there is a process of self-evaluation, adaptation to the environment, and can convince the public about the integrity and integrity of the community," he said.

Viva Yoga said PAN proposed to the KPU that a legal subject as a legislative candidate in the election should not only be a candidate for DPR members, provincial DPRD and district or city DPRD, but also a candidate for DPD members.

He emphasized that DPD is included in the scope of positions based on the choice or elected officials so that all positions that are not appointments must follow the principle of justice and apply equally to all.

"DPD members are chosen based on the most votes, in each province four people are elected. Therefore, because the Constitutional Court's decision does not include candidates for DPD members, it needs to be regulated in the PKPU to be able to include this," he said.

Earlier on Wednesday, November 30, the Constitutional Court decided to partially grant the judicial review of Law Number 7 of 2017 concerning General Elections (Pemilu) 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.