The Political Rights of Former Corruption Convicted Prisoners to Run in 2019 Legislative Election and 2020 Regional Head General Election: An Overview of Human Rights Perspective

Abstract

The constitution guarantees political rights of citizens as outlined in several laws and regulations, particularly Law Number 39 Year 1999 concerning Human Rights, even international world by the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). The consideration of revoking political rights of former corruption convicted prisoners as an additional punishment is indicated to be reasonable because it is not categorized violations against human rights, so it is categorized as derogable right as referred to in Article 28J Paragraph (2) of the 1945 Constitution. However, towards the former corruption prisoners who do not receive additional punishment with the revocation of political rights but their political rights remain revoked by the laws and regulations, that is what would be feared to violate the human rights. Heading for the 2020 regional head general election, the restrictions on ex-convicts of corruption reappeared, considering that in 2018 the The General Elections Commission (KPU) had issued The General Elections Commission Regulation (PKPU) on this matter and held the discourse to implement it again in the regional head general election of 2020. The normative empirical research type, with normative juridical writing methods used by reviewing the relevant laws and regulations to the legal issue under review and conducting interviews directly with informants as supporting data. It will be examined in detail how the political rights of former corruption convicted prisoners are regulated protected and implemented as well as their correlation according to the Human Rights perspective.