Former Convict May Nominate Legislature, KPU Appreciates Constitutional Court Decision

Chairman of the Indonesian KPU, Hasyim Asy'ari (ANTARA)

JAKARTA - The chairman of the Indonesian KPU, Hasyim Asy'ari, appreciated the decision of the Constitutional Court (MK) regarding former convicts with sentences of more than five years being allowed to run for office as members of the legislature after five years of pure acquittal.

According to Hasyim, the Constitutional Court Decision Number 12/PUU-XXI/2023 facilitated the Indonesian General Elections Commission (KPU) in formulating KPU Regulations (PKPU) concerning the Nomination of Members of the DPR, DPD, and Provincial/District/City DPRD.

"Thus, (the decision) makes it easier for the KPU to formulate norms in PKPU for the candidacy of members of the DPR, DPD, and Provincial/Regency/City DPRD because the Constitutional Court's decision and previous decisions have equal treatment," Hasyim told reporters as quoted by ANTARA, Tuesday, 28 February.

Furthermore, he explained that the previous decision was the Constitutional Court Decision Number 87/PUU-XX/2022. However, in this decision, the number of candidates for legislative members who are regulated is limited to candidates for members of the DPR RI, Provincial DPRD, and Regency/Municipal DPRD. Thus, the KPU RI is hesitant to apply a similar substance to PKPU regarding the nomination of DPD members.

"The decision (MK Decision Number 12/PUU-XXI/2023) is consistent with the previous MK Decision (MK Decision Number 87/PUU-XX/2022), namely the substance of the norms of equal or equivalent conditions for candidates for regional heads, candidates for members of the DPR and Provincial/district/city DPRD, and candidates for DPD members," said Hasyim.

Previously, the Constitutional Court's decision regarding former convicts with sentences of more than five years being allowed to run for DPD members after 5 years of pure release from prison was conveyed in court in Jakarta, Tuesday afternoon.

"Partially granted the applicant's request," said Chief Justice of the Constitutional Court Anwar Usman.

Through Decision Number 12/PUU-XXI/2023, the Constitutional Court stated that Article 182 letter g of the Election Law had no permanent legal force.

The article states, "never been sentenced to prison based on a court decision that has obtained permanent legal force for committing a crime punishable by imprisonment for 5 years or more, unless openly and honestly stated to the public that the person concerned is a former convict."

The Constitutional Court changed it to, "(i) never been a convict based on a court decision that has obtained permanent legal force for committing a crime punishable by imprisonment for 5 years or more, except for a convict who commits a crime of negligence and a political crime in the sense an act declared as a criminal offense in positive law only because the perpetrator has political views that are different from the regime in power."

Furthermore, the Constitutional Court also added, "(ii) for former convicts, a period of 5 years has passed after the former convicts have finished serving prison sentences based on court decisions that have permanent legal force and honestly or openly announce their identity background as a former convict; and (iii) not as a repeat offender."