Tinjauan Yuridis Terhadap Putusan Mahkamah Konstitusi Nomor: 42/PUU-XIII/2015 Tentang Diperbolehkan Mantan Nara Pidana Untuk Mencalonkan Diri Menjadi Anggota Dewan Perwakilan Rakyat

  • Azis Setyagama Dosen Fakultas Hukum, Universitas Panca Marga Probolinggo
  • Eko Wahyono Dosen Fakultas Hukum, Universitas Panca Marga Probolinggo
  • Ach. Agung Andri Yanto Mahasiswa Fakultas Hukum, Universitas Panca Marga Probolinggo

Abstract

Indonesia's national development since ancient times until now has experienced ups and downs in accordance with the development of politics and democracy prevailing in Indonesia. After the reform, the development of democracy in Indonesia experienced rapid development. One of the problems that arise due to the implementation of the democratic system is the debate about whether or not a person who has been convicted of being a member of the legislature and executive has emerged in the discussion of the Draft Law (Bill) for the legislative election which was later born Law no. 12 of 2003 concerning the General Election of the People's Representative Council, Regional People's Representative Council, and Regional Representative Council. After going through a judicial review of the law, the Constitutional Court Decision Number 42/PUU-XIII/2015 allowed a person who had been convicted of a crime to become a candidate for a member of the Regional People's Representative Council. The consequences of the Constitutional Court's decision caused a polemic in the community, some were pro and some were against the Constitutional Court's decision. For those who agree with the decision of the Constitutional Court on the grounds that the person who has been convicted means that the person has suffered from the consequences of the actions that have been committed, thus the mistakes that have been made have been redeemed by serving the sentence. Meanwhile, those who rejected the decision of the Constitutional Court argued that the person who had committed an act of corruption had a bad mental state so that he was not fit to occupy the position of the Regional People's Representative Council. This research is a normative legal research that examines the norms contained in Law no. 12 of 2003 concerning Elections and the Decision of the Constitutional Court Number 42/PUU-XIII/2015. The results of this study indicate that the Constitutional Court's decision to allow candidates for the Regional People's Legislative Assembly to nominate themselves to become members of the Regional People's Representative Council caused rejection by the majority of the Indonesian people.

Keywords: Constitutional Court Decision, Law, DPRD

Author Biography

Azis Setyagama, Dosen Fakultas Hukum, Universitas Panca Marga Probolinggo

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Published
2022-03-23
Section
Articles