scholarly journals Hak Mantan Narapidana untuk Turut Serta dalam Pemerintahan

2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Noer Sida
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
General Election ◽  
The Political ◽  
Political Rights ◽  
Sexual Crimes ◽  
Commission Regulation ◽  
The Right ◽  
Election Commission ◽  
Democratic Country

AbstractThe general election is a means of implementing the people's sovereignty to elect people who will occupy the seat of government. This general election was held to realize a democratic country, where the leaders were chosen based on the majority of votes. Countries that adhere to democracy generally accommodate the political rights of their citizens in an election, whether they are direct or indirect. Basically everyone has the right to participate in government in other words everyone has the right to be elected or elected. Regarding to Election Commission Regulation Number 20 Year 2018 regarding the Nomination of Members of The House Representatives, Assembly at Provincial and Assembly at Regional, there is one requirement for legislative candidate became controversial because there is a prohibition on ex-prisoners of corruption, drugs (as a dealer), and sexual crimes against children to be the Nomination of Members of The House Representatives, Assembly at Provincial and Assembly at Regional. Some ex-convicts already did judicial review, therefore we need to understand the legality of the regulation for ex-convicts regarding to election.Key Words: Human Rights, Right to Participate in Government, Ex-convictAbstrakPemilihan umum adalah adalah sarana pelaksanaan kedaulatan rakyat untuk memilih orang-orang yang akan menduduki kursi pemerintahan. Pemilihan umum ini diadakan untuk mewujudkan negara yang demokrasi, di mana para pemimpinnya dipilih berdasarkan suara mayoritas terbanyak. Negara-negara yang menganut demokrasi, pada umumnya mengakomodir hak politik warga negaranya dalam suatu penyelenggaraan pemilihan umum, baik itu bersifat langsung maupun tidak langsung. Pada dasarnya setiap orang memiliki hak untuk berpartisipasi dalam pemerintahan dengan kata lain setiap orang memiliki hak untuk dipilih maupun memilih. Peraturan KPU Nomor 20 Tahun 2018 tentang Pencalonan Anggota DPR, DPRD Provinsi dan DPRD Kabupaten/Kota memberikan batasan satu syarat bagi calon anggota legislatif yang menjadi kontroversi karena adanya larangan bagi mantan narapidana  korupsi, narkoba (sebagai bandar), dan kejahatan seksual terhadap anak untuk mencalonkan diri sebagai anggota DPR, DPRD Provinsi dan DPRD Kabupaten/Kota. Beberapa pihak yang merasa dirugikan oleh peraturan tersebut mengajukan judicial review, oleh karena itu, patut dikaji bagaimana legalitas hak yang dimiliki oleh mantan narapidana dalam pemilihan umum.Kata Kunci: Hak Asasi Manusia, Hak untuk Turut Serta dalam Pemerintahan, Mantan Narapidana.

scholarly journals Tinjauan Yuridis Putusan Constitutional Review Mahkamah Konstitusi Tentang Hak Mantan Narapidana Untuk Menjadi Pejabat Publik Yang Dipilih

2021 ◽  
Vol 8 (5) ◽  
Author(s):  
Nanang Nur Wahyudi ◽  
Nynda Fatmawati Octarina
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Universal Declaration ◽  
The Political ◽  
Constitutional Court ◽  
Political Rights ◽  
Constitutional Review ◽  
Civil And Political Rights ◽  
The Republic ◽  
The Right

Hak Politik dilindungi hukum, baik secara internasional maupun nsional. secara internasional, hak politik diatur Universal Declaration of Human Rights (UDHR) dan International Covenant on Civil and Political Rights (ICCPR). hak politik juga dilindungi konsitusi kita dan beberapa peraturan Perundang-Undangan lainnya, serutama Undang-Undang no 39 tahun 1999 tentang Hak Asasi Manusia. Adanya ketentuan yang merupakan syarat untuk mencalonkan diri pada pemilihan yang jelas membatasi bahkan meniadakan hak seseorang untuk ikut serta dalam menggunakan hak azasinya. Hal ini jelas merupakan pelanggaran terhadap hak azasi seseorang, yang dalam hal ini hak politik yang dimiliki oleh seorang mantan narapidana khususnya pada kasus korupsi. Apabila kita mencermati ketentuan UUD 1945, maka seorang mantan narapidana juga sebagai warga negara yang memiliki hak politik yang sama dengan warga negara lainnya. Hak Uji materiel terhadap peraturan yang  bertentangan dengan Undang-Undang Dasar 1945, maka kewenangan hak menguji ada pada Mahkamah Konstitusi (MK). Putusan Mahkamah Konstitusi memberi kepastian hukum bahwa seorang mantan Narapidana kasus korupsi masih diperbolehkan untuk mencalonkan diri pada pemilihan kepala daerah karena mantan narapidana masih memiliki hak politik sebagai warga negara. Untuk dapat mencalonkan diri pada pemilihan kepala daerah, maka mantan narapidana setelah melewati masa 5 (lima) tahun  selesai menjalani masa hukuman dan telah kembali kepada kehidupan masyarakat sebagaimana kehidupan masyarakat lainnya. Menghormati hak politik mantan narapidana kasus korupsi sebagai pengakuan terhadap hak azasi manusia dalam negara Republik Indonesia yang merupakan hak konstitusional yang diatur dalam UUD Tahun 1945. Kata Kunci : Narapidana, Judisial Review, Hak, Putusan Mahkamah Konstitusi ABSTRACTPolitical rights are protected by law, both internationally and nationally. Internationally, political rights are regulated by the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). Political rights are also protected by our constitution and several other laws and regulations, especially Law No. 39 of 1999 concerning Human Rights. There is a provision which is a requirement to run for election which clearly limits and even negates a person's right to participate in exercising their human rights. This is clearly a violation of a person's human rights, which in this case the political rights of an ex-convict, especially in cases of corruption. If we look at the provisions of the 1945 Constitution, an ex-convict is also a citizen who has the same political rights as other citizens. The right to judicial review of regulations that are contrary to the 1945 Constitution, the authority of the right to examine lies with the Constitutional Court (MK). The Constitutional Court's decision provides legal certainty that a former convict in a corruption case is still allowed to run for regional head elections because ex-convicts still have political rights as citizens. To be able to run for regional head elections, ex-convicts after passing through a period of 5 (five) years have finished serving their sentence and have returned to community life as other people's lives. Respect the political rights of ex-convicts of corruption cases as an acknowledgment of human rights in the Republic of Indonesia which are constitutional rights regulated in the 1945 Constitution. Keywords: Prisoners, Judicial Review, Rights, Constitutional Court Decisions

scholarly journals PENGATURAN DALAM UNDANG-UNDANG HAK POLITIK MANTAN TERPIDANA KASUS TINDAK PIDANA KORUPSI SEBAGAI CALON ANGGOTA LEGISLATIF PADA PEMILIHAN UMUM TAHUN 2019

2020 ◽  
Vol 3 (1) ◽  
pp. 69-80
Author(s):  
Hamidi Hamidi
Keyword(s):  
Human Rights ◽  
Scientific Paper ◽  
General Election ◽  
The Political ◽  
Political Rights ◽  
Positive Law ◽  
General Elections ◽  
The Republic ◽  
Higher Law ◽  
Election Commission

General election is a means of democracy that is used to elect people's representatives to sit as legislative members in the MPR, DPR, DPD and DPRD. The election was conducted in accordance with Article 2 paragraph (1) of the 1945 Constitution. The 2019 election was also attended by former convicted corruption cases. This is in accordance with PKPU rules Number 20 of 2018. With this decision, an extra-judicial polemic arises which is appropriate and important to be studied more specifically and academically. The formulation of the problem in this research is, How to regulate the political rights of former convicted corruption cases as legislative candidates in the 2019 general election? What are the implications of regulating the political rights of former convicts of corruption as a candidate for legislative members in the 2019 General Elections on Human Rights? The specification of this research is normative juridical research, which is a form of research that aims to describe the applicable laws and regulations, linked to legal theories and practice of positive law enforcement, which will later be linked to the problems examined in this scientific paper. Based on the results of the analysis, answers can be obtained: 1) The Political Rights Regulation of Former Convicted Corruption Crime Cases as Legislative Candidates in the General Election Year contradicts a higher law because based on the mandate of article 4 paragraph (3) Number 20 of 2018 concerning Election Commission Regulations General as well as article 240 paragraph (1) letter (g) of Law Number 7 of 2017 concerning General Elections. Article 28 letter d of the 1945 Constitution of the Republic of Indonesia. 2) Implications of regulating the political rights of former convicted corruption cases as candidates for legislative members in the 2019 general election against human rights, revocation of political rights for convicted corruption cases by human rights law activists (HAM) is of the view that deprivation of political rights is a violation of human rights. This is still debatable, because every sentence is basically a violation of human rights, but the violation is allowed, as long as it is based on the law.

scholarly journals RESTRICTIONS OF THE POLITICAL RIGHTS AND FREEDOMS: REGULATORY GROUNDS, MECHANISM OF IMPLEMENTATION

2020 ◽  
pp. 18-24
Author(s):  
O. Kosilova
Keyword(s):  
Human Rights ◽  
Well Being ◽  
The State ◽  
General Nature ◽  
The Political ◽  
Constitutional Court ◽  
Political Rights ◽  
Process Implementation ◽  
Basic Law ◽  
The Right

The article examines the problem of restriction of political rights and freedoms. It is emphasized that the protection against unlawful restrictions on political rights and freedoms is particularly important for the functioning of direct and mediatory democracy. The meaning of the concept of «restriction of rights and freedoms» is analyzed. The article addresses the basic principles which should not be violated when the restriction of rights and freedoms is applied. To achieve this goal, the author analyzes the rules of domestic law, the practice of the Constitutional Court of Ukraine, the rules of international law governing these issues. The author differentiates political rights and freedoms into those that may be restricted in accordance with the provisions of the Basic Law of Ukraine and those that are not subject to any restrictions; features of realization of political rights and freedoms in comparison with other groups of rights, such as social and economic, cultural are defined. Some of the political rights and freedoms that may be restricted are analyzed and ways to restrict them are identified, in particular: the right to join political parties, suffrage, the right to peaceful assembly, rallies, marches and demonstrations, the right to equal access to public service, freedom words, thoughts, views and beliefs. It is noted that from the standpoint of the ECHR it is important to check whether the possibility of restricting the exercise of the right was provided by law; whether the purpose of such a restriction is legitimate; whether such a restriction is necessary in a democratic society. The legitimate grounds for restricting human rights enshrined in the Constitution of Ukraine have been identified: public health; social necessity; rights, freedoms and dignity of citizens; public order; economic well-being; national security; territorial integrity; morality of the population. It is emphasized that in accordance with the practice of the Constitutional Court of Ukraine, the restriction of the content and scope of rights and freedoms should be considered as a restriction. It is important that all restrictions were established exclusively by the constitution; were not arbitrary and unjust; the law restricting human rights must be of a general nature; restrictions must be proportionate and justified; they must optimally achieve a legitimate goal with minimal interference in the exercise of rights or freedoms, not to violate the essential content of the relevant right. It is determined that special qualification requirements for holding public positions, as well as participation in the electoral process (implementation of active and passive suffrage) cannot be considered restrictions. It is emphasized that the state, represented by its organs, should refrain from unjustified interference with political rights (for example, from discriminatory restrictions on the suspension of political rights of prisoners, violation of electoral secrecy of the ballot); take measures against possible violations of political rights by third parties (individuals, companies, etc.). It is concluded that restrictions on the exercise of political rights of individuals can be introduced either in favor of guaranteeing the rights of other individuals, or in favor of ensuring the functioning of the state. The legitimate exercise of political rights can be restricted only if the general conditions for interfering with fundamental human rights are met.

scholarly journals HAK POLITIK INDIVIDUAL PRA DAN PASCA MENJADI NARAPIDANA DALAM SISTEM KETATANEGARAAN

2020 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Agus Salim ◽  
Asip Suyadi
Keyword(s):  
The Political ◽  
Constitutional Court ◽  
Political Rights ◽  
Equal Opportunities ◽  
Human Right ◽  
Before And After ◽  
General Elections ◽  
The Republic ◽  
The Right ◽  
Democratic Country

Indonesia is a democratic country. Every citizen has political rights guaranteed by the 1945 Constitution of the Republic of Indonesia.Protection of political rights as a human right owned by every citizen. Protection of citizens' political rights or individual political rights contained in the 1945 Constitution, namely Article 27 paragraph (1) states the equality of all citizens towards law and government; Article 28 concerning freedom; Article 28D paragraph (1) concerning the right to recognition, guarantee, protection and legal certainty for everyone; Article 28D paragraph (3) states that every citizen has the right to obtain equal opportunities in government; and Article 31 paragraph (1) to obtain education. Democracy occurs if there is recognition of political rights and the implementation of political participation of every citizen. Fulfillment of political rights before and after the prisoners also receive protection of their political rights. The political rights of ex-prisoners are protected by the constitution of the 1945 Constitution, Law Number 39 of 1999, and Law Number 7 of 2017 concerning General Elections, and Constitutional Court Rejection Number 4 / PUU-VII / 2009. Based on this matter, this study aims to find out and analyze individual political rights that are confiscated along with the execution of punishment, and to know and analyze individual political rights to be able to conduct themselves after inmates. This research is descriptive analytical with a normative juridical approach.

scholarly journals Implementasi Hak Politik Mantan Narapidana Korupsi Dalam Pemilihan Umum di Jawa Timur

2020 ◽  
Vol 10 (1) ◽  
pp. 73-92
Author(s):  
Muwahid Muwahid
Keyword(s):  
Supreme Court ◽  
Legal Theory ◽  
Preventive Measure ◽  
General Election ◽  
The Political ◽  
Political Rights ◽  
Legal Research ◽  
Human Right ◽  
The Supreme Court ◽  
The Right

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.

Kampanye Pemilihan Umum Presiden dan Wakil Presiden Perspektif Fikih Siyâsah

2015 ◽  
Vol 5 (1) ◽  
pp. 1-32
Author(s):  
Anis Hidayati
Keyword(s):  
Vice President ◽  
Point Of View ◽  
General Election ◽  
The Political ◽  
Election Campaign ◽  
Political Rights ◽  
The People ◽  
The Republic ◽  
The Right ◽  
Positive Effect

Abstract: This article discusses about a Islamic political jurisprudence’s point of view againts campaign for president and vice president election. It is carried out based on Law No. 42 year 2008 concerning with the election of president and vice president. The general election campaign is a sovereign right of the people to produce democratic government based on Pancasila and the Constitution of the Republic of Indonesia (UUD) 1945. The implementation of the general election campaign has a positive effect that is beneficial for the candidates and for the publics to know the candidates they would choose to be a leader. In Islamic political jurisprudence’s perspective, the implementation of the general election campaign for president and vice president can realize the political rights of individuals associated with the right to nominate and the right to occupy a certain post. All of the people and citizens are entitled to gain a guarantee of their human rights (Hurriyah al-shakhsiyyah) before the law and government.Keywords: Campaign, general election, president, Islamic political jurisprudence.

scholarly journals Political Rights of the Citizen in the 2014 Election and the Democracy Index in West Java: The Importance to Strengthen the Accessibilities

2018 ◽  
Vol 3 (2) ◽  
pp. 173-195
Author(s):  
Asep Abdul Sahid ◽  
Mohd. Solahuddin Bin Shahruddin
Keyword(s):  
Implementation Process ◽  
The Political ◽  
Online Media ◽  
Political Rights ◽  
West Java ◽  
Persons With Disabilities ◽  
Commission Regulation ◽  
Election Commission

Political rights of citizen are an important aspect of Indonesian Democracy Index (IDI). However, in the 2014 Election, this aspect, particularly IDI of West Java, showed the lowest number. One of the efforts have been made by Election organizers to fulfill the political rights of citizen is to make accessibility as the principle of Election through Election Commission Regulation (PKPU). This study addresses why the aspect of the fulfillment of political rights of citizen is low in IDI; and how the principle of accessibility in to fulfill political rights of citizen is being implemented. The corpus of this study is document of IDI West Java Province and information of online media. The results indicate that; first, the implementation of the fulfillment of the political rights of citizen in the 2014 Election in West Java had a number of obstacles, namely the regulation of the accessibility principle is still limited; the lack of data of persons with disabilities; and the weakness of Election organizers concerning voters with disabilities. And secondly, efforts to implement the principle of accessibility by Election organizers are mostly concentrated in the election period implementation process, while the implementation process of the pre-election and post-election periods tends to be ignored.

scholarly journals ANALISIS TERHADAP HAK PILIH TNI DAN POLRI DALAM PEMILIHAN UMUM

2011 ◽  
Vol 11 (1) ◽  
Author(s):  
Setiajeng Kadarsih ◽  
Tedi Sudrajat
Keyword(s):  
Human Rights ◽  
Armed Forces ◽  
Democratic Society ◽  
The State ◽  
General Election ◽  
New Order ◽  
Political Rights ◽  
Right To Vote ◽  
The Right ◽  
The Military

In this reformation era, there were discourses on the recovery of the right to vote for members of the Indonesian National Army (TNI) and Indonesian National Police (Polri) in the General Election. The willingness of those recovery based on the development of democratization and human rights, that places the right to vote as a fundamental right that cannot be infringed by the state. The problem that arises are how the arrangement of the right to vote for the TNI and Polri in the Indonesian General Election when it viewed from the perspective of the political history and how the legal synchronization between the right to vote for TNI and Polri when it viewed from the conception of human rights in the context of a democratic society in Indonesia. Based on the results, it known that there are setback in the arrangement of the right to vote for armed forces and police in three periods. In old order, armed forces and police were given the right to vote in the election. In the new order, the Armed Forces were not entitled to vote, but the presence of armed forces in the realm of regulated political sphere in particular through the lifting mechanism in the legislature. While in reformation era, the right to vote and vote for members of the military and police were removed, so the military and police only carry out the state tasks without any political rights inherent in that institution. This indicates that the legal arrangements concerning the right to vote according to the perspective of human rights in the context of a democratic society is not yet in sync with each other.

Hak Asasi Manusia Mantan Narapidana Korupsi dalam Peraturan Komisi Pemilihan Umum Nomor 20 Tahun 2018 Perspektif Maqashid Syariah Jasser Auda

2020 ◽  
Vol 3 (2) ◽  
pp. 65-80
Author(s):  
Fathor Rahman ◽  
Muhammad Saiful Anam
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Systems Approach ◽  
Good Governance ◽  
General Election ◽  
Social Dimension ◽  
Legislative Elections ◽  
State Of Mind ◽  
Commission Regulation ◽  
Election Commission

This article aims to discussing the conception of ex-corruption convicts human rights according to the General Election Commission Regulation No. 20 of 2018 systematically; regarding the concept of human rights and the explicit human rights of former corruption convicts in the General Election Commission Regulation No. 20 of 2018 in the perspective of Jasser Auda's Islamic maqashid concept.This research is qualitative research with a literature review. The perspective in this discussion is the concept of maqashid sharia Jasser Auda which uses a systems approach in Islamic law. The results shows that: 1) the current state of mind of the Indonesian people cannot be separated from contemporary issues regarding human rights, democracy, the nation state, the rule of law, and the ideals of progress and national prosperity in the national context; 2) PKPU Number 20 of 2018 is in line with maqashid al-sharia with a systems approach; 3) the prohibition of former corruption convicts from running for legislative elections is justified in the perspective of maqashid al-sharia Jasser Auda, in his avoidance with various dimensions, namely the social dimension, the bureaucratic dimension to achieve good governance, the political education dimension, the state philosophy dimension and justice.

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