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| The portrait of Dr. Catur Wido Haruni, S.H., M.Si., M.Hum., the law lecturer of UMM and the constitutional and state administration legal expert. (Photo: Istimewa) |
The 2024 general election is just around the corner. Many interesting issues can be discussed, including the permissibility of former prisoners of corruption to register as legislative candidates in the House of Representatives, the Regional Representative Council, and the Regional People's Representative Council.
It garnered the attention of the law lecturer of the University of Muhammadiyah Malang (UMM) and the constitutional and state administration legal expert Dr. Catur Wido Haruni, S.H., M.Si., M.Hum. As she explains, there's nothing wrong with the rules; instead, those who make the rules.
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"Of course, there are many former corruption convicts who wish to return to politics. Thus with many tactics, this regulation was established due to political interests," said Catur.
Furthermore, corruption convicts can register as candidates because Law No.7/2017 of Article 240 (1) letter G on General Elections states that there is no specific prohibition for former corruption convicts to register.
This point explains that the candidate has never been sentenced to imprisonment based on a court decision that has obtained permanent legal force for committing a criminal offense punishable by imprisonment of 5 (five) years or more. Unless they openly and honestly declare to the public that the person concerned is a former convict.
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"This means that alhough he/she has been imprisoned for more than five years, if they say openly that they are a former convict or corruptor, then he/she is still eligible to register as a candidate," she explained.
Then, if paying attention to the 1945 Constitution Article 28J (1), it says that we must respect the human rights of others. However, Article 28J (2) also explains that everyone must be subject to restrictions stipulated by law, with the sole purpose of ensuring recognition and respect for the rights and freedoms of others.
"Even though everyone has rights and freedoms in politics, not everyone is eligible to these criteria. So there are limitations, including the criteria for registering these candidates," explained Catur.
Chess said that Article 240 had been tested at the Constitutional Court because it was considered contrary to the 1945 Constitution. Then the Constitutional Court's decision was established, which stated that former corruption convicts could run for office on the condition that they had passed five years after they finished serving their prison sentence based on a court decision, then honestly or openly announcing their background as a former convict and not as a repeat offender.
"But everything goes back to the voters or the people, because the highest sovereignty is in the hands of the people. Therefore, the people must be smart. Don't vote just because you are fanatical about a party. Look at the track record of the prospective leaders you want to elect. Because the highest sovereignty is in the hands of the people, the people should be able to choose good leaders with integrity. If the people are smart, then these corruption convicts will not be elected," the legal expert of UMM concluded. (imh/dev/wil)
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