Five-Year Waiting Period Should Be Included in Perppu

The Regulation in Lieu of Law (Perppu) on general elections, currently being drafted, should also include the Constitutional Court's decision to impose a five-year waiting period for ex-convicts.

ADRYAN YOGA PARAMADWYA

Constitutional Justice Suhartoyo (right) reads the verdict at the Constitutional Court (MK) Building, Jakarta, Wednesday (30/11/2022). The Constitutional Court added that a five-year waiting period is required for former convicts if they wish to run for office as candidates for the legislature.

JAKARTA, KOMPAS — The government is expected to include a Constitutional Court decision regarding the five-year waiting period for ex-convicts to become candidates for members of the House of Representatives (DPR) in the Draft Government Regulation in Lieu of Law (Perppu) on General Elections. Not only that, the waiting period should also be imposed on ex-convicts who wish to become candidates for members of the Regional Legislative Council (DPRD).

Researcher on Constitution and Democracy Initiative, Ihsan Maulana, when contacted on Thursday (1/12/2022), is of the view that the government should incorporate the substance of the Constitutional Court (MK) decision Number 87/PUU-XX/2022 in Draft Government Regulation in Lieu of Law (Perppu) on Elections.

The Constitutional Court's decision regarding the five-year waiting period for ex-convicts who wish to become candidates for DPR and DPRD members can be included in Article 240 Paragraph (1) letter g of the Election Law so as not to cause polemics and debates in the future.

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He referred to the events of 2018, during the 2019 election stage; there was a judicial review of the General Election Commission (KPU) regulations governing the conditions for ex-convicts to become candidates for legislative members (caleg) to the Supreme Court (MA). The Supreme Court later annulled this provision on the grounds that it was contrary to the Election Law.

"In order to provide more guarantees of legal certainty and justice, the Constitutional Court's decision needs to be included in the Election Perppu," he said.

Even so, if it is not possible, the KPU should be obliged to follow up on the Constitutional Court's decision in amending the KPU Regulations concerning the Nomination of Members of the DPR and DPRD. This is in accordance with the nature of the Constitutional Court's decision which is binding on all citizens, and its position is equal to the law.

Ihsan is also of the view that ideally the five-year waiting-period requirement should not only be applied to candidates for members of the DPR and DPRD. This condition should also apply to candidates for members of the Regional Representatives Council (DPD).

REBIYYAH SALASAH

Chairman of the Golkar Party Airlangga Hartarto gave a press statement after sending 1,160 prospective DPR RI legislative candidates to the electoral districts, Tuesday (22/11/2022), at the Golkar Party DPP Office, Slipi, Jakarta.

Article 258 Paragraph (2) letter c of the Election Law stipulates the requirements to become a candidate for DPD member, namely that the person concerned has never been sentenced to a prison term of five years or more or a statement letter from a correctional institution for candidates who have been convicted of a crime.

Previously, the Constitutional Court through Decision Number 87/PUU-XX/2022 stated that Article 240 Paragraph (1) letter g of the Election Law was unconstitutional.

In that decision, the Constitutional Court added a condition for former convicts, namely having passed a five-year waiting period after completing prison terms based on a permanent court decision. They also honestly or openly announced their identity background as former convicts. In addition, candidates are also not as repeat offenders.

Constitutional Court Justice Suhartoyo, when reading the verdict, stated that the five-year waiting period was considered sufficient time for regional-head candidates, including legislative candidates, to self-reflect and adapt to their surroundings.

Regarding the substance of the Perppu in the letter, we cannot comment yet. Wait for it later. Everything is still on the track and on time.

The Constitutional Court also considered the empirical fact that a regional head who had served a criminal term, and was not given enough time to adapt and to prove that he was able to live together with society, turned out to be trapped in dishonorable behavior again. The regional head repeated his previous actions, namely corruption (Kompas, 1/12/2022).

Regarding the suggestion that the Constitutional Court's decision be included in the Draft Perppu on General Elections, Special Staff to Home Minister, Kastorius Sinaga, dismissed it. According to him, the draft Perppu on General Election had been read and assessed by Home Minister Tito Karnavian.

The draft will then be sent from the Home Minister to President Joko “Jokowi” Widodo for approval and ratification as a Perppu on General Election. "Regarding the substance of the Perppu in the letter, we cannot comment yet. Wait for it later. Everything is still on the track and on time," said Kastorius.

KOMPAS/DIAN DEWI PURNAMASARI

Director General of Politics and Public Administration of the Ministry of Home Affairs Bahtiar (second from left) held a consignment meeting on the draft Government Regulation in Lieu of Election Law (Perppu) with the DPR, and election organizers on Thursday, (3/11/2022) evening. One of the meeting agendas was to listen to various aspirations from election organizers which would be accommodated in the Perppu.

Political parties respect MK

A number of political parties expressed their commitment to comply with the Constitutional Court's decision regarding a five-year waiting period for former convicts if they wish to run as candidates for DPR or DPRD members.

Deputy Chairman of the Golkar Party for Election, Ahmad Doli Kurnia, said his party respected the Constitutional Court's decision regarding Article 240 Paragraph (1) letter g of Law No. 7/2017 concerning Elections. Because, according to Doli, the Court must have considered the decision carefully. Apart from that, the Constitutional Court wants the elected members of the DPR to have a good track record.

”Although I think people who have gone through the legal process have certainly done some introspection. However, with that decision, we all have to respect and implement it. We are fully committed to following this decision, especially after it is later adopted by the KPU,” said Ahmad Doli Kurnia when contacted from Jakarta.

Doli said that the Golkar Party (Golkar) had examined as many as 1,160 potential legislative candidates (bacaleg). Among the legislative candidates, there is one who is a former convict. However, because Golkar will only nominate 870 legislative candidates, it still has the opportunity to screen them. Golkar, according to him, will follow the rules set by the KPU later.

“The point is, what we are doing will be in accordance with the applicable laws and regulations. We won't break the law, but we won't make our own rules either. What has been decided, we respect and carry it out. That is Golkar's commitment," he said.

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Separately, Deputy Chairperson of the National Mandate Party DPP Viva Yoga Mauladi said that PAN agreed with the Constitutional Court's decision that Law No. 7/2017 concerning Elections must be in harmony with Law No. 10/2016 concerning Pilkada. The goal is for ex-convicts to self-evaluate, adapt to the environment and be able to reassure the public about their own integrity.

Nevertheless, continued Viva, PAN asked the KPU include the decision into a KPU Regulation (PKPU) by adding a legal subject. In the Constitutional Court's decision, the five-year waiting-period requirement only applies to candidates for members of the DPR and DPRD. PAN considers that this requirement should also apply to candidates for DPD members.

"The consideration is that the DPD is also included in the group of positions based on choice [elected officials]. All positions based on choice [not appointment] must follow the principle of justice and apply equally to all. And the DPD members are chosen based on the majority of votes, in each province represented by four DPD members," said Viva in a written statement.

With the Constitutional Court's decision, PAN hopes that the elections will have more integrity and quality because they are filled by candidates whose credibility, track record and competence have been tested.

This article was translated by Hendarsyah Tarmizi.