Implikasi Putusan Mahkamah Konstitusi Yang Bersifat Inkonstitusional Bersyarat Terhadap Pencalonan Pada Pilkada Serentak Tahun 2015

Akbar, Defitri (2019) Implikasi Putusan Mahkamah Konstitusi Yang Bersifat Inkonstitusional Bersyarat Terhadap Pencalonan Pada Pilkada Serentak Tahun 2015. Other thesis, Universitas Islam Riau.

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Abstract

The Constitutional Court is given an attributive mandate by the Constitution of the Republic of Indonesia in 1945 to implement the five constitutional powers, namely to try at the first and last level whose decisions are final to examine the law against the Constitution, decide on disputes over the authority of state institutions whose authority granted by the Constitution, decides the dissolution of political parties and decides disputes about the results of the general election and gives opinions to the House of Representatives regarding the impeachment of the president and vice president. The main problem in this study is the consideration of the Constitutional Court of the Republic of Indonesia to decide the case Number 42 / PUU-XIII / 2015 is unconstitutional conditionally (Conditionally unconstitutional), as well as the Implications of the Constitutional Court Decision Number 42 / PUU-XIII / 2015 on the nomination for the Election of Heads of Simultaneous Years 2015. Judging from the type of research it is normative legal research and seen from its nature is analytical descriptive in answering the main problems to be examined. Consideration of Constitutional Judges in Decision of the Constitutional Court No. 42 / PUU-XIII / 2015 that Article 7 letter g of Law Number 8 of 2015 is contradictory to the 1945 Constitution conditionally unconstitutional insofar as it is not meant to be exempt from former convicts who openly and honestly tell the public that the person concerned is a former convict is that a person who has served a sentence and left prison or correctional institution is basically a person who has regretted his actions, has repented, and promised not to repeat his actions. Thus, someone who is a former convict who has repented is not appropriate if given another sentence by the Law as stipulated in Article 7 letter g of Law Number 8 of 2015. Then the Implications of the Constitutional Court Decision No. 42 / PUU-XIII / 2015 is opening up opportunities for former prisoners to participate in the 2015 Simultaneous Regional Election. Of the 810 regional head candidates there are 13 candidates for regional heads who are former prisoners and the majority of corruption convicts who register as candidate pairs in the 2015 Simultaneous Regional Election carried by political parties or joint political parties. Of the 13 candidates for regional heads of former prisoners, 3 candidates were elected as regional heads.

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