Rule of Law Studies Journal
Vol. 1 No. 3 (2025): Rule of Law Studies Journal

Democracy and the Political Rights of Former Prisoners in Indonesia: A Legal Perspective

Alfian Widyatama (Universitas Sebelas Maret Surakarta, Indonesia)
Isharyanto Isharyanto (Universitas Sebelas Maret Surakarta, Indonesia)
Adriana Grahani Firdausy (Universitas Sebelas Maret Surakarta, Indonesia)



Article Info

Publish Date
27 Sep 2025

Abstract

Background; Debate persists over whether former prisoners may stand in Indonesia’s local elections; Constitutional Court Decision No. 42/PUU-XIII/2015 reshapes the line between electoral integrity and rights protection. Aims; To unpack the Court’s reasoning and assess how it protects ex-prisoners’ political rights while maintaining the credibility of local democratic contests. Methods; Normative juridical study employing doctrinal analysis of the 1945 Constitution, pertinent statutes, and Decision No. 42/PUU-XIII/2015, read alongside scholarly commentary and case-based interpretation. Result; The Court positions political participation as a basic right that cannot be curtailed arbitrarily, yet allows narrowly tailored, proportionate limits to deter abuse and uphold ethical governance. The ruling refines candidacy criteria, improves legal certainty, and aligns practice with justice, proportionality, and inclusive democracy. Conclusion; By recognizing conditional eligibility for ex-prisoners, the Court advances democratic inclusion without diluting electoral standards, offering a pragmatic constitutional pathway for balancing rights and good governance in Indonesia’s local elections.

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Journal Info

Abbrev

rolsj

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Rule of Law Studies [e-ISSN: 3109-3450] is a peer-reviewed scientific journal dedicated to publishing original research articles, literature reviews, and conceptual papers in the field of law and public policy. The scope of the journal includes studies on the principles of the rule of law, the ...