Legal Position of Former Convicts as Candidates in Regional Head Elections

Abstract

The presence of the state as an organization of power in its implementation has a function and purpose. One of the goals of the state is to uphold law and justice and ensure the security and freedom of its people. The freedom in question is freedom that is still within the corridors of the regulations in force in Indonesia. On the basis of the right to vote and being elected as part of human rights, everyone from all types of circles, ethnic backgrounds, religions, races, and groups tries to exercise their right to be elected as candidates for members of the legislature, executive, or regional head, either governor, regents and mayors. Everyone tries to exercise their right to be elected, including ex-convicts. This research is descriptive analysis. Descriptive means that this research is expected to be able to obtain a detailed and systematic description of the problems studied. Research generally aims to describe systematically, factually, and accurately to a particular population or area, regarding certain traits, characteristics or factors. The analysis is carried out based on the description of the facts obtained, a careful analysis will be carried out on how to answer the problem. The author assumes that the most crucial problem is regarding the urgency of determining the waiting period for 5 (years) after being declared free or after the convict has completed his prison term. Philosophically, nothing has been found that underlies why the waiting period for prisoners to run for regional heads must be at least 5 (five) years. There is an explicit conflict between the two laws, namely the Correctional Law which states that the purpose of correctional is to make things as they were before, to make prisoners admit their actions, so that they can enter the community. Whereas in the election Law, ex-convicts can only nominate as candidates for regional heads after 5 years after completing their detention period.