JAKARTA - The General Election Commission (KPU) has stated that it will study the results of a judicial review which states that the Constitutional Court (MK) prohibits former convicts, including corruptors, who have not yet served a minimum of 5 years of free-term running for legislative or legislative elections. "My response is that the KPU will study the Constitutional Court's decision. We will consult the material for the decision of the Constitutional Court (judicial review) to the legislators, in this case the President and DPR (Commission II DPR)," said KPU chairman Hasyim Asy'ari, Wednesday, November 30. Hasyim said, among the things that the KPU needs to consult is the implementation in KPU regulations whether it is only for candidates for DPR members, Provincial DPRD, districts, cities, or also including candidates for DPD RI members. "Thus, the KPU response," said Hasyim.
The Constitutional Court has just issued a decision on a judicial review whose results prohibit ex-convicts from leaving the prison before reaching a period of 5 years after leaving prison.
This was decided by the Constitutional Court in the trial of the decision on the application for the review of Law Number 7 of 2017 concerning General Elections with case number 87/PUU-XX/2022 submitted by a young man named Leonardo Siahaan.
"Granted the petitioner's petition in part," reads the verdict quoted in a copy of the verdict, Wednesday, November 30.
The petitioner sued Article 240 paragraph (1) letter g of the Election Law which contains the requirements for prospective members of the DPR, provincial DPRD, and district/city DPRD, which reads:
"Never been sentenced to prison based on a court decision that has obtained permanent legal force for committing a crime that is threatened with imprisonment of 5 years or more, except openly and honestly state to the public that the person concerned is a former convict"
In his lawsuit, the petitioner is worried that this article will become the argument for former corruption convicts who are subject to the revocation of political rights to be re-elected and transmit behavior or repeat corrupt practices.
In its decision, the Constitutional Court Panel of Judges considered that the phrase "except openly and honestly conveys to the public that the former convict" is in the terms and becomes the permissibility of ex-convicts not to be contained in the terms of candidates for regional heads.
Thus, the Constitutional Court turned him into an ex-convict who was sentenced to imprisonment for at least 5 years had to wait 5 years after he was released from prison to be able to run as a legislative candidate.
The panel of judges assessed that the waiting period of 5 years after leaving prison before leaving the prison was made clear so that those related had time to self-introspect.
"As quoted in the legal consideration of the previous decisions, the waiting period of 5 years after the convict carries out a criminal period is sufficient time to carry out self-introspection and adapt to the community of the environment for regional head candidates, including in this case candidates for members of the DPR, Provincial DPRD, and district/city DPRD," wrote the judge's decision.
Then, still in its decision, the panel of judges assessed that the former convict must also announce to the public about his background that had been convicted, after waiting for a period of 5 years after leaving prison and will run as a legislative candidate.
"In this regard, voters can critically assess the candidate they will choose as an option, both those who have shortcomings and advantages to be known by the general public (feiten note). Therefore, this has passed away to the public or the people as voters to vote on the candidate who is a former convict or does not vote on the candidate," he said.
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