The Meaning of Political Rights of Former Prisoners in the Perspective of Pancasila Democracy

  • Ahmad Chaidir Mirza Master Law Student, Faculty of Law, Universitas Brawijaya, Malang, Indonesia
  • Sudarsono Sudarsono Professor, Lecturer Faculty of Law, Universitas Brawijaya, Malang, Indonesia
  • Istislam Istislam Lecturer Faculty of Law, Universitas Brawijaya, Malang, Indonesia
Keywords: Political Rights, Former Prisoners, Pancasila, Democracy

Abstract

This paper analyzes the issue of the rights of former prisoners in general elections in Indonesia. General Election Commission Regulation Number 20 of 2018 concerning the nomination of members of the People's Representative Council, Provincial DPRD, and Regency/City Regional People's Representative Council which is related to the provisions of Article 4 paragraph (3) and Article 7 letter (g) of the PKPU which emphasizes the necessity in the selection of prospective legislative candidates does not include former convicts of corruption, drug dealers, and sexual crimes. This research is a type of normative legal research. The approach taken is a statutory approach and a case approach, with analytical prescriptive legal analysis techniques. The meaning of the political rights of former prisoners in the perspective of Pancasila democracy is to withdraw the rights that have been given by the State, namely the right to be elected and to vote in the general election of a former prisoners solely to guarantee the recognition and respect for human rights and basic freedoms others, decency, public order, and the interests of the nation.

Published
2022-01-03
How to Cite
Chaidir Mirza, A., Sudarsono, S., & Istislam, I. (2022). The Meaning of Political Rights of Former Prisoners in the Perspective of Pancasila Democracy. International Journal of Social Science Research and Review, 5(1), 56-63. https://doi.org/10.47814/ijssrr.v5i1.159