The Constitutional Court (MK) has wholly rejected a petition\nconcerning the permanent prohibition on candidacy for former convicts\nseeking to participate in elections or local government elections. This\nis set out in Constitutional Court Decision No.\u00a048\/PUU-XXIV\/2026.<\/p>\n
The petition was filed by students Yusron Ashalirrohman, Alyssa\nRizqia Haris, Roby Nurdiansyah, Syahrulagus Rishman Edo Putra, and Galih\nRamadan.<\/p>\n
The petition tested the constitutionality of Article 182 letter g and\nArticle 240 paragraph (1) letter g of Law No.\u00a07 of 2017 on General\nElections (Election Law) and Article 7 paragraph (2) letter g of Law\nNo.\u00a010 of 2016 on the Election of Governors, Regents, and Mayors (Local\nElection Law) against the 1945 Constitution of the Republic of\nIndonesia.<\/p>\n
\u201cDeciding to reject the petition of the petitioners in its entirety,\u201d\nConstitutional Court Chief Justice Suhartoyo announced the decision in\nthe Constitutional Court Hearing Room on Monday, 16 March.<\/p>\n
In its considerations, the Court stated that the demand to specify\ncertain types of crimes, such as corruption, terrorism, treason, and\ncrimes against state security, did not need to be added further.<\/p>\n
This is because the current candidacy requirements are already deemed\nto automatically encompass these serious types of criminal offences.<\/p>\n
\u201cIn fact, this has been accommodated through the candidacy\nrequirement point i, \u2018never having been convicted based on a court\ndecision that has acquired permanent legal force for committing a\ncriminal act threatened with imprisonment of 5 years or more, except for\nconvicts who commit negligence offences and political offences in the\nsense of an act declared as a criminal act in positive law only because\nthe perpetrator has a political view different from the ruling regime\u2019,\u201d\nsaid Constitutional Judge Adies Kadir.<\/p>\n
Furthermore, the Court has also given confirmation in Constitutional\nCourt Decision No.\u00a032\/PUU-XXIII\/2025 that additional requirements have\nbeen provided for former convicts wishing to run for public office.\nThese require completion of the entire sentence and a waiting period of\nfive years after completion of the sentence.<\/p>\n
Regarding the petition for certain types of criminal acts to be\nspecifically excluded, the Court deemed that this would actually narrow\nthe meaning of previous Constitutional Court decisions.<\/p>\n
Additionally, the Court also considered the possibility of other\ntypes of criminal acts in the future that carry similar penalties.<\/p>\n
In the context of candidacy, the Court assessed that looser\nrequirements are necessary to protect the constitutional rights of\ncitizens in obtaining equal opportunity in government.<\/p>\n
This includes former convicts who have served their sentences and met\nthe waiting period as stipulated in the Court\u2019s previous decisions.<\/p>\n
Meanwhile, regarding removal from office, the Court distinguished\nbetween candidacy rules and dismissal rules. Regarding the dismissal of\nregional heads embroiled in cases, the focus is no longer on the\nindividual official\u2019s rights, but rather on protecting the interests of\nthe general public.<\/p>\n
The Court also rejected the petitioners\u2019 argument requesting that\nformer convicts of corruption, terrorism, treason, and crimes against\nstate security have their political rights revoked to become members of\nthe House of Representatives, the Regional Representative Council,\nprovincial legislatures, and as regional heads and deputy regional\nheads.<\/p>\n
The removal of these political rights is deemed to contradict the\nprinciple of human rights, particularly every citizen\u2019s right to obtain\nequal opportunity.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/constitutional-court-rejects-permanent-prohibition-on-former-convicts-running-in-elections-1773651136", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }