
Implementasi Hak Politik Mantan Narapidana Korupsi Dalam Pemilihan Umum di Jawa Timur
Author(s) -
Muwahid Muwahid
Publication year - 2020
Publication title -
al-daulah
Language(s) - English
Resource type - Journals
eISSN - 2503-0922
pISSN - 2089-0109
DOI - 10.15642/ad.2020.10.1.73-92
Subject(s) - constitution , law , statute , supreme court , political science , language change , legislation , politics , human rights , public administration , sociology , art , literature
The right to be voted and to be elected is a human right guaranteed by the Constitution. However, there are limitations to implementation. Research on the implementation of the political rights of ex-convicts in the general election aims to address the problem; first, regulations on the rights of former corruption convicts to be elected in legislation. Second, Implementation of the rights of elected ex-convicts of corruption in the election after the decision of the Supreme Court in East Java. This research is empirical legal research or socio-legal research. The Data obtained through document studies and subsequently, the interviews analyzed with an existing legal theory with a statute approach and a case approach. Data analysis techniques are using inductive thinking patterns. The results of this study indicate that the political rights of ex-convicted corruption are guaranteed in article 28 letter D point 3 of the 1945 Constitution, and article 43 of Law No. 39 of 1999 concerning Human Rights and the Election Law, where everyone has the right to be elected and to vote in elections based on the principle of equality. However, in its implementation, there are several variants such as the General Election Commission which issued a regulation prohibiting ex-corruption convicts from running, even though the regulation was canceled by the Supreme Court. Likewise, some political parties consistently did not nominate members who have been exposed to corruption as a preventive measure in preventing corruption.