Nur Wahyudi, Nanang and Fatmawati Octarina, Nynda (2021) Tinjauan Yuridis Putusan Constitutional Review Mahkamah Konstitusi Tentang Hak Mantan Narapidana Untuk Menjadi Pejabat Publik Yang Dipilih. SALAM: Jurnal Sosial dan Budaya Syar-I, 8 (5). pp. 1449-1462. ISSN 2654-9050
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Abstract
Political 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
| Item Type: | Article |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Magister Kenotariatan |
| Depositing User: | Repository Administrator |
| Date Deposited: | 07 Jun 2022 03:14 |
| Last Modified: | 07 Jun 2022 03:14 |
| URI: | http://repository.narotama.ac.id/id/eprint/1208 |
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