QUO VADIS PENCALONAN MANTAN NARAPIDANA SEBAGAI ANGGOTA LEGISLATIF

Abstract

Every citizen has the right to have a good and responsible leader, this is realized by contesting elections held in democratic countries, including Indonesia. However, in 2022 the Constitutional Court granted a request that former prisoners could run again in elections which could disturb the human rights of every citizen to have a responsible leader. The purpose of this research is to determine the effect of the implementation of this decision on citizens' rights to have good and responsible leaders. The analysis used in this research is qualitative data analysis, namely analysis using literature studies from various existing literature. Meanwhile, the approach method is a normative approach, namely analyzing the operation of a legal norm in actual circumstances. Even though the public has other choices, in democratic ethics the implementation of Constitutional Court decision no. 87/PUU-XX/2022 which provides opportunities for former convicts in elections cannot be justified. This is because the actions of former prisoners have injured Pancasila in terms of humanity and wisdom.