Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)

Juridical Analysis of the Voting Rights of the TNI and the National Police in General Elections in Indonesia Reviewed from the Perspective of Human Rights

Sapada, Andi Tenri (Unknown)
Rezah, Farah Syah (Unknown)
Wulandari, Andi Sri Rezky (Unknown)



Article Info

Publish Date
16 Feb 2025

Abstract

This study aims to analyze the voting rights of members of the Indonesian National Army (TNI) and the Indonesian National Police (Polri) in general elections in Indonesia from the perspective of human rights (HAM). Constitutionally, the right to vote is part of human rights regulated in various national and international legal instruments. However, in Indonesia, members of the TNI and Polri are restricted from active and passive voting rights in elections on the grounds of maintaining institutional neutrality and professionalism. This study uses a normative juridical method with a legal approach and literature studies related to human rights theory and democratic principles. The results of the study show that there is a dilemma between the protection of human rights for members of the TNI and the National Police and the need to maintain political stability and neutrality in the Indonesian democratic system. This study recommends the importance of policy evaluations that provide a balance between respect for human rights and the institutional functions of the TNI and the National Police. This study is expected to contribute to the formulation of more inclusive policies without ignoring the basic principles of democracy and human rights. 

Copyrights © 2024






Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...