KONSISTENSI PEMBATASAN HAK POLITIK TERPIDANA DAN MANTAN TERPIDANA DALAM PUTUSAN MK TAHUN 2007-2022
Abstract
Changes in norms in the General Election Law (UU Pemilu) and the Regional Head Election Law (UU Pilkada) do not only occur through changes in the law but also through Constitutional Court Decisions (MK Decisions). Constitutional Court decisions in judicial review of laws are basically negative legislators, but some of the Constitutional Court decisions contain new norms. This can also be seen in Constitutional Court Decisions related to restrictions on the political rights of convicted and ex-convicted persons. This paper discusses the consistency of the Constitutional Court's decisions in limiting the political rights of convicted and ex-convicted persons. This research uses a qualitative method with library data sources. The results of the study show three things; (1) in the period 2007-2022 there were six Constitutional Court Decisions related to the restriction of political rights of convicted or ex-convicts (2) in the six decisions there was a change in the Constitutional Court's view regarding the norms of restriction of political rights of ex-convicts. These changes show the consistency of the Constitutional Court to maintain a balance between individual interests to become candidates and the collective interests of the community to obtain public officials who can provide better services (3) after Decision Number 56/PUU-XVII/2019 and Decision Number 87/PUU-XX/2022, the Election Law only has norms limiting the political rights of former convicts in the requirements for candidates. Meanwhile, in the Pilkada Law, restrictions on the political rights of convicts and ex-convicts not only exist in the requirements for candidates but are also contained in provisions related to elected candidates who become convicted. The Election Law requires that former convicts with a sentence of 5 years or more must wait 5 years after completing their sentence to become a candidate for DPR or DPRD. Such restrictions do not exist in the requirements for presidential and vice presidential candidates and the requirements for individual candidates (DPD).