Governing the Requirement of Non-Former Convicted of Corruption for Prospective Candidate Member of Legislative in The 2019 General Election In Indonesia
Journal: International Journal of Arts and Social Science (Vol.2, No. 4)Publication Date: 2019-08-30
Authors : Tohadi Muhamad Iqbal Guntarto Widodo;
Page : 14-103
Keywords : General Election Commission Regulation; Constitutional Court Decision; Supreme Court Decision; Prospective Candidate Member of Legislative;
Abstract
This research is purposed to determine how to govern the requirements of non-former convicted of corruption for prospectivecandidate member of legislative, in this case the House of Representatives (DPR) according to the relevant state institutions, namely the Legislator (DPR and the President), the Constitutional Court (MK), the General Election Commission (KPU), the Election Supervisory Body (Bawaslu), and the Supreme Court (MA) as well as how the legal considerations as their background. This research is a normative law research by reviewing legislation and decisions of the judge / court related to the requirement of non former convicted of corruption (former corruptor) in the nominating the members of the legislature, especially the House of Representatives. Governing the requirement of"non-former convicted of corruption" for prospective candidate member of DPRin the 2019 Election by the relevant state institutions are different. On the one hand, MA, the Legislators (DPR and the President), Bawaslu and MKbasically allow the former convicted of corruption to nominate themselves as members of the DPR by complying certain requirements. Because the law shall not allow revoking any person's suffrage, except only provide restrictions that do not conflict with the 1945 Constitution. Whereas on the other hand, KPU regulates that political parties shall not propose any prospective candidate member ofDPR from former convicted of corruption, in their efforts to realize a government that is clean and free of corruption, collusion and nepotism (KKN).
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