Jakarta (ANTARA) – Deputy Chairman of Commission II of the DPR RI, Junimart Girsang, said that the General Elections Commission does not need to consult regarding the Constitutional Court’s decision regarding ex-convicts in corruption cases who can only run for the legislature after five years free from prison.
“The KPU does not need to consult with the DPR’s Commission II regarding a court decision order that has permanent legal force and does not need interpretation,” said Junimart in Jakarta, Thursday.
According to him, the KPU should not hesitate to implement the Constitutional Court’s decision Number 87/PUU-XX/2022 because there is no need to interpret the decision.
Junimart said that the KPU needs to immediately include the decision on the Constitutional Court’s decision in the General Election Commission Regulation (PKPU). The Constitutional Court’s decision is part of a binding law.
“The KPU must not hesitate, it is obligatory and must submit to the court decision that has already been made inkracht van gewijsde. KPU may not make regulations that conflict with the law because court decisions are laws that are binding on everyone,” he said.
Junimart stated that it agreed with the Constitutional Court’s decision as long as it followed the general court’s ruling inkracht which requires that a prisoner be revoked of his political rights may not nominate and/or be nominated in the process of political office.
He considered that in implementing the decision there must be adjustments for ex-convicts whose political rights have been revoked by general courts, such as the corruption court (tipikor).
This is so that there is no overlap that creates injustice if a former convict has previously been revoked by a court of his political rights under five years.
“Of course this cannot be because these decisions overlap. For example, if a person is deprived of political rights by a general court for only three years, of course this Constitutional Court decision cannot be applied to that person because the Court cannot correct a court decision. This must be understood,” he explained.
Previously on Wednesday (30/11), the Constitutional Court decided to grant a partial request for a judicial review of Law Number 7 of 2017 concerning General Elections submitted by private employee Leonardo Siahaan.
The request that was granted was related to a ban on ex-convicts of corruption or corruptors from running for office as members of the legislature for five years after he was released or released from prison.
According to the Constitutional Court, the norm of Article 240 paragraph (1) letter g of Law Number 7 of 2017 concerning Elections which regulates this matter is contrary to the 1945 Constitution and has no binding legal force.
As for Article 240 paragraph (1) letter g of the Election Law, it is stated that prospective candidates for DPR, Provincial DPRD and Regency/Municipal DPRD are Indonesian citizens and must fulfill several requirements, including never having been sentenced to prison based on a court decision that has permanent legal force. for committing a crime punishable by imprisonment for 5 (five) years or more, unless openly and honestly disclosed to the public that the person concerned was a former convict.
Reporter: Imam Budilaksono
Editor: Didik Kusbiantoro
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source: www.antaranews.com
