Tinjauan Yuridis Putusan Mahkamah Konstitusi Nomor 42/puu-xii/2015 Terhadap Pengujian Undang-undang Nomor 8 Tahun 2015 Tentang Perubahan Atas Undang-undang Nomor 1 Tahun 2015 Tentang Penetepan Peraturan Pemerintah Pengganti Undang-undang Nomor 1 Tahun 2014 Tentang Pemilihan Gubernur, Bupati dan Walikota Menjadi Undang-undang

Fauzi, Muhammad (2021) Tinjauan Yuridis Putusan Mahkamah Konstitusi Nomor 42/puu-xii/2015 Terhadap Pengujian Undang-undang Nomor 8 Tahun 2015 Tentang Perubahan Atas Undang-undang Nomor 1 Tahun 2015 Tentang Penetepan Peraturan Pemerintah Pengganti Undang-undang Nomor 1 Tahun 2014 Tentang Pemilihan Gubernur, Bupati dan Walikota Menjadi Undang-undang. Other thesis, Universitas Islam Riau.

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Abstract

This research is entitled "Judicial Review of the Constitutional Court Decisions Number 42 / PUU-XII / 2015 Against Reviewing Law Number 8 Year 2015 Concerning Amendments to Law Number 1 of 2015 Concerning Stipulation of Government Regulation in Lieu of Law Number 1 of 2014 Regarding the Election of Governors, Regents, and Mayors Becoming a Law ". In Law Number 8 of 2015 regulates prohibitions for ex There are one inmates running for regional head elections The requirements in Article 7 Letter g and Article 45 paragraph (2) letter k are “No. has been sentenced to imprisonment based on a court decision that has been obtain permanent legal force for committing a criminal act punishable by a sentence of 5 years imprisonment or more �. But provisions is declared contrary to the 1945 Constitution. Thus, the formulation The problems in this research are: First, How Judges' Considerations The Constitution in Deciding Case Number 42 / PUU-XII / 2015. Second, What are the implications of the Constitutional Court Decision Number 42 / PUU-XII / 2015 on the former Corrupt Prisoners in Nominating Regional Heads? This research uses normative juridical research methods. This research done by collecting data from primary, secondary and tertiary data. Then the classification is carried out according to the existing problems and furthermore, relate it to statutory provisions and opinions experts and supporting theories, so that final conclusions can be drawn of the main research problems in an inductive way. Based on the results of the above research, it can be concluded that (1) the provision is a form of reduction of the right to honor, that is can be likened to the crime of depriving certain rights. Article 7 letter g Law Number 8 of 2015 stipulates that candidates for regional head must meet the requirements Never been sentenced to imprisonment based on court decisions that have obtained permanent legal force due to commits a criminal act which is punishable by imprisonment of 5 (five) years or moreover, his / her right to be elected in regional head elections is deprived. While The right to vote is revoked from the convict based on Article 35 paragraph (1) point 3 The Criminal Code is carried out by a judge's decision. Thus, the revocation of voting rights a person can only do with a judge's verdict as a punishment additional. The law cannot revoke a person's voting rights. (2) linked in Implementation of the implications that occur as a result of the Constitutional Court decision Number 42 / PUU-XII / 2015 namely allowing ex-convicts to run in Pilkada candidacy conditionally (conditionally unconstitutional) as long as it is not interpreted exemptions are exempted for former convicts who openly and honestly speak out to the public that the person concerned is a former convict.

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