Legal Politics of Replacing the Regional Head Candidates with Status as Criminal Suspect

DOI

10.2991/assehr.k.211112.009How to use a DOI?

Keywords

regional head candidates; replacement; criminal suspect status

Abstract

Many regional head candidates who participated in the 2018 simultaneous regional elections were suspected of corruption and bribery cases. At least nine regional head candidates were caught in corruption and bribery cases. It certainly undermined the spirit of democracy in which regional head candidates who had been determined as criminal offenses still participated in the election stages. At the same time, they must focus on resolving legal problems. Current election law has not regulated the replacement mechanism for regional heads candidates suspected of criminal offenses. The authors proposed the idea of a replacement mechanism for regional head candidates later in a facultative manner, in which the final decision on replacement is returned to supporting parties. The law cannot imperatively prohibit regional head candidates who are suspects in criminal investigations from participating in the elections. They still have the right to be elected because revoking the right to vote and to be elected can only be done through a court decision. This paper used a normative legal research method with a conceptual approach and statute approach. The purpose of this paper is to design a replacement mechanism for regional head candidates with status as criminal suspects. Benchmarks for regional head candidates with suspect status can be replaced if they are suspected of committing a crime with a threat of imprisonment of 5 (five) years or more but not include negligence offenses (culpa levis) and political criminal offenses. A replacement mechanism is intended to ensure that the public gets a regional head candidate who is clean and not hampered by legal cases. This is also an integrity test of political parties and individual candidates in the public’s eyes.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Satria Rangga Putra
AU  - Inayatul Anisah
AU  - Ana Laela Fatikhatul Choiriyah
AU  - Setiawan
PY  - 2021
DA  - 2021/11/23
TI  - Legal Politics of Replacing the Regional Head Candidates with Status as Criminal Suspect
BT  - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
PB  - Atlantis Press
SP  - 71
EP  - 77
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211112.009
DO  - 10.2991/assehr.k.211112.009
ID  - Putra2021
ER  -