Jurnal Hukum IUS QUIA IUSTUM
Vol. 25 No. 2: MEI 2018

Demokrasi dan Legalitas Mantan Narapidana dalam Pemilihan Kepala Daerah dan Pemilihan Umum

Muhammad Anwar Tanjung (LPDP & Program Doktor Ilmu Hukum Universitas Diponegoro Semarang)
Retno Saraswati (Profesor Bidang Hukum Tata Negara Universitas Diponegoro, Semarang)



Article Info

Publish Date
05 Nov 2018

Abstract

The focus of this study was on the decision of the Constitutional Court number 4/PUU-VII/2009 and decision number 14-17/PUU-V/2007 which legitimize former prisoners as regional head and legislative candidates. This study aimed to analyze the legality of former prisoners to participate in an election and the efforts to be made after the Constitutional Court's decisions in terms of building democracy in Indonesia. This study used normative research method with statute and conceptual approaches. The results of this study concluded that first, a former prisoner has constitutional right as a candidate in an election that is a part of non-derogable rights except by a court decision that has permanent legal force. Some efforts to build democracy are made by issuing regulations that technically explain the decisions of the Constitutional Court for former prisoners who will participate in an election as well as severe sanctions for the violations, and involving the supervision of election organizing committee in the nomination process.

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Journal Info

Abbrev

IUSTUM

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ius Quia Iustum Law Journal is a peer-reviewed legal journal that provides a forum for scientific papers on legal studies. This journal publishes original research papers relating to several aspects of legal research. The Legal Journal of Ius Quia Iustum beginning in 2018 will be published three ...