Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020)

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Legal Analysis of the Revocation of Voting and Elected Members of the House of Representatives on the Supreme Court Ruling No. 225 PK/PID. SUS/2017 BY Law NUMBER 7 YEAR 2017 ON GENERAL ELECTIONS

Authors
Rasji, Firdaus
Corresponding Author
Rasji
Available Online 12 December 2020.
DOI
10.2991/assehr.k.201209.143How to use a DOI?
Keywords
Revocation of the right to vote and be elected, General election, Constitution Human Rights
Abstract

MA purgatori No 225/PK/pidsus/2017 decided the main criminal offense against Defendant Patrice Rio Capella based on article 12 letter (a) of Law Number 31 of 1999 concerning Eradication of Corruption Crimes as amended by Law No. 20 of 2001 along with an additional criminal revocation of voting rights and chosen. There is a problem with the revocation of the right to vote and be elected. The problem is how is the validity of revocation of the right to vote and be elected in the Supreme Court Purgatori No. 225 PK/Pid. Sus/2017 according to Law No. 7 of 2017 concerning General Elections? This problem uses normative research methods and expert interview data. The author analyzes that the revocation of the right to vote and be chosen is contrary to the state’s constitution and human rights, in which Article 240 of the Election Law is strengthened that Indonesian citizens are an absolute requirement to vote and be elected without any limitations on the revocation of the right to vote and be elected. Additional crimes in the form of revocation of the right to vote and be chosen undermine the democratic order in Indonesia. The author suggests to the Judge to wisely decide and consider all issues so that there is no chaos in democracy.

Copyright
© 2020, 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 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
12 December 2020
ISBN
10.2991/assehr.k.201209.143
ISSN
2352-5398
DOI
10.2991/assehr.k.201209.143How to use a DOI?
Copyright
© 2020, 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

risenwbib
TY  - CONF
AU  - Rasji
AU  - Firdaus
PY  - 2020
DA  - 2020/12/12
TI  - Legal Analysis of the Revocation of Voting and Elected Members of the House of Representatives on the Supreme Court Ruling No. 225 PK/PID. SUS/2017 BY Law NUMBER 7 YEAR 2017 ON GENERAL ELECTIONS
BT  - Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020)
PB  - Atlantis Press
SP  - 910
EP  - 919
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201209.143
DO  - 10.2991/assehr.k.201209.143
ID  - 2020
ER  -