Proceedings of the 1st Paris Van Java International Seminar on Health, Economics, Social Science and Humanities (PVJ-ISHESSH 2020)

Constitutionality of the Former Ex-Convict as Election Participants of Regional Heads

Authors
M. Guntur Hamzah, Wilma Silalahi
Corresponding Author
M. Guntur Hamzah
Available Online 8 March 2021.
DOI
10.2991/assehr.k.210304.121How to use a DOI?
Keywords
ex-convict leader, election, regional head candidate, Constitutional Court Decision Number 56/PUU-XVII/2019, Law Number 10 of 2016
Abstract

A country would be in peace and prosperity and grow well, if the leader leads with integrity and wisefulness. Therefore, clear and firm arrangements are needed in selecting candidates for regional heads who are ex-convicts. And the task of the state is in accordance with the mandate of the Pancasila and the 1945 Constitution, which is to form an Indonesian Government that protects all the people of Indonesia. In choosing its regional head, it must be carried out by way of democratic and civilized elections through the widest possible participation of the people. This is according to the provisions stipulated in Article 18 paragraph (4) of the 1945 Constitution. Every citizen has the same right to be elected and elect representatives who will sit in the administration both at the central and regional levels. Thus, all citizens who have fulfilled the requirements in an election, are obliged to use their political contributions in order to fulfill a quality election. For this reason, the elections must be done with quality. The state also has a role and obligation as the holder of fulfilling human rights. Through The Decision of the Constitutional Court Number 56/PUU-XVII/2019, dated December 11, 2019, firmly regulates the constitutionality of norms governing the requirements of regional head candidates as far as the ex-inmates regulated in the norm provisions of Article 7 paragraph (2) letter g of Law Number 10 of 2016. To produce a qualified, honest, clean, and integrited leader, it is proper to have high quality and tested morals. Prospective regional head who is a former convict must be able to prove himself and give confidence to the community that he has changed.

Copyright
© 2021, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the 1st Paris Van Java International Seminar on Health, Economics, Social Science and Humanities (PVJ-ISHESSH 2020)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
8 March 2021
ISBN
10.2991/assehr.k.210304.121
ISSN
2352-5398
DOI
10.2991/assehr.k.210304.121How to use a DOI?
Copyright
© 2021, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - M. Guntur Hamzah
AU  - Wilma Silalahi
PY  - 2021
DA  - 2021/03/08
TI  - Constitutionality of the Former Ex-Convict as Election Participants of Regional Heads
BT  - Proceedings of the 1st Paris Van Java International Seminar on Health, Economics, Social Science and Humanities (PVJ-ISHESSH 2020)
PB  - Atlantis Press
SP  - 538
EP  - 544
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.210304.121
DO  - 10.2991/assehr.k.210304.121
ID  - Hamzah2021
ER  -