VOI - Voice of Indonesia | RRI - Radio Republik Indonesia

The General Election Commission -KPU is highlighting a discourse to prohibit former corruption case convicts to become legislative candidates. The discourse had been discussed in a hearing with the House of Representatives at Commission II on May 22, 2018. The KPU will prohibit not only ex-convicted corruption cases, but also ex-convicted drug dealers and sexual crimes against children to become legislative candidates -Caleg.However, the discourse of the ban is not approved by the Commission II of the House of Representatives –DPR.  Home Affairs Ministry and the Election Supervisory Board agree that the KPU shall stick to the Election Law No. 7/2017. One article of the election law explains that a prospective candidate of legislative who is an ex-prisoner and has served a sentence of five years or longer, may nominates himself or herself by informing to the public that his or her status is ex-prisoner.

Although KPU does not get the approval from DPR, the government and the Election Supervisory Board, it seems that KPU is adamant with its discourse. KPU Commissioner, Wahyu Setiawan said that KPU tends to make the former corruption case prisoner unable to register as a legislative candidate.

KPU wants to create a new breakthrough with a good goal by making the state institutions, such as DPR free from corruption. But unfortunately, the prohibition of ex-corruption convicted candidates cannot be made in KPU regulations (PKPU) but it must be made at the level of the Act.

The limitation of the political rights of former corruption case prisoners, if done beyond the law, this directly violates the 1945 Constitution. Based on the 1945 Constitution, it states that the limitation of the right should only be done in two ways, namely by law and court verdict. As long as there is no law or court verdict that regulates, the rights of the ex-prisoner cannot be eliminated.

Many parties agree with the KPU's plan to limit ex-corrupt prisoners to become legislative candidates. Unfortunately, it cannot be through the KPU regulations whose level is under the Act. Therefore, KPU should try harder to encourage that the prohibition of the former corruption case convicts is regulated based on the 1945 Constitution. (Brg)