Adoption Of Constitutional Court Decision, KPU Allows Former Prisoners To Be Nyaleg After 5 Years In Prison

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JAKARTA - The General Elections Commission (KPU) has declared a decision by the Constitutional Court (MK) which allows ex-convicts to run for legislative members after five years out of prison.KPU RI member Mochammad Afifuddin explained that the KPU adopted the provisions of the Constitutional Court's decision regarding former convicts who were allowed to run for legislative members with a number of conditions in the PKPU Draft on Candidacy for DPR Members, Provincial DPRD, and Regency/City DPRD." Judicial Efforts "The review of the regulations related to the DPR's nomination regulations was decided first, before the PKPU existed. So, we can adopt it directly," said Afifuddin as quoted by ANTARA, Wednesday, March 8. The decision in question is Constitutional Court Decision (MK) Number 87/PUU-XX/2022. In that decision, the Constitutional Court stated that candidates for DPR members, provincial DPRDs, and district/city DPRDs are Indonesian citizens and must meet several requirements. One, never as convicts based on the decision courts that have obtained permanent legal force for committing criminal acts that are threatened with imprisonment of 5 (five) years or more, except for convicts who commit criminal acts of negligence and political crimes in the sense of an act that is declared a criminal act in positive law only because the perpetrator has a political view that is different from the regime in power. Two, for the former convict, have passed a period of 5 years after The former convict has finished serving a prison sentence based on a court decision that has permanent legal force and honestly or openly announces the background of his identity as a former convict. Then the third, they are not perpetrators of repeated crimes. By adopting the Constitutional Court's decision, as contained in Article 21 of the PKPU Draft concerning the Candidacy of DPR Members, Provincial DPRDs, and district/city DPRDs presented by members of the Indonesian KPU Idham Holik on that occasion, it was stated that prospective candidates who have the status of former convicts must submit several files. Among other things, a certificate from the head of a correctional institution explaining that the prospective candidate concerned has finished serving a prison sentence, based on a court decision that has obtained permanent legal force and there is no technical or criminal and administrative relationship with the minister who carries out government affairs in in the field of law and human rights. Next, submit a court decision that has permanent legal force and proof of a statement that contains the background of the identity of the candidate concerned as a former convict, the type of crime, and not a repeated perpetrator of the crime announced through the mass media. Then, Article 22 of the PKPU Draft concerning the Nomination of Members of the DPR, Provincial DPRD, and Regency/City DPRD regulate that prospective candidates who have the status of convicts perpetrators of criminal acts of negligence and political crimes must submit several files.

Among them, a copy of the court's decision that has permanent legal force and a certificate from the prosecutor's office which explains that the person concerned was convicted of minor negligence (culpa levis) or political crimes, based on a court decision that has permanent legal force. Then, the evidence of a statement containing the background of the identity of the person concerned as a former convict, the type of crime, and the prospective candidate concerned is not a criminal.