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Abdul Basid Fuadi
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jurnalkonstitusi@mkri.id
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+6281215312967
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jurnalkonstitusi@mkri.id
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Pusat Penelitian dan Pengkajian Perkara dan Pengelolaan Perpustakaan Mahkamah Konstitusi Republik Indonesia Jl. Medan Merdeka Barat No. 6, Jakarta 10110 Telp: (021) 23529000 Fax: (021) 3520177 E-mail: jurnalkonstitusi@mkri.id
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INDONESIA
Jurnal Konstitusi
ISSN : 18297706     EISSN : 25481657     DOI : https://doi.org/10.31078/jk1841
Core Subject : Humanities, Social,
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Constitutional Law and another section related contemporary issues in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 1 Documents
Search results for , issue "Vol. 17 No. 2 (2020)" : 1 Documents clear
Justifikasi Hak Politik Mantan Narapidana: Perspektif Hak Asasi Manusia dan Perundang-Undangan Aryani, Nyoman Mas; Hermanto, Bagus
Jurnal Konstitusi Vol. 17 No. 2 (2020)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (392.298 KB) | DOI: 10.31078/jk1729

Abstract

Decision of the Supreme Court Number 46 P/HUM/2018 regarding judicial review which invalidates the provisions of the Article 4 paragraph (3) of the General Election Commission Regulation Number 20 Year 2018 which states the prohibition of including candidates who are ex-convicts of drug cases, sexual crimes and corruption. However, the enactment of General Election Commission Regulation triggered pros and cons. On the one hand, the substance of the regulation regulates the prohibition and revoking the political rights of ex-convicted and contrary with the higher regulations, because it regulates the contrary substance with higher regulation. But on the other hand, this is a progressive step which is the hope for parties to shown the good image and free corruption legislative bodies. This paper raises 2 (two) problem formulations are (1) how is the regulation through the Election Commission Regulation related to political rights of convicted corruption cases and (2) how is the justification of the Human Rights dimension of the political rights of ex-corruption convicted. The purpose of this paper is to examine and find out how the General Election Commission Regulation Number 20 Year 2018 regulates the political rights of ex-corruption convicted as well as legal implications of the Supreme Court Decision Number 46 P/HUM/2018 towards General Election Commission Regulation Number 20 Year 2018. This study specifically uses normative legal method through library research and analyzed systematization into a descriptive analytical paper. The results showed that the enactment of the Election Commission Regulation that normalized the prohibition of passive political rights for ex-convicts contained several weaknesses and ultimately annulled by the Supreme Court’s Decision. Viewed from the perspective of Human Rights related to political-rights, in its application, there must be a limitation in the time of the revocation of rights.

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