Loosening Requirements for Parliament Membership: The Meaning of Power in Forming Election Law?

DOI

10.2991/978-94-6463-352-8_5How to use a DOI?

Keywords

Meaning of power; requirements for candidates; People’s Representative Council; election law

Abstract

After the Indonesian reformation in 1998, the government enacted Law No. 28 of 1999 on Clean and Free State Administrators from Corruption, Collusion, and Nepotism. In line with that spirit, the Election Law should require that candidates for the People’s Representative Council (DPR): are not currently serving and/or have never been sentenced to imprisonment based on a court decision, for committing a criminal offense punishable by imprisonment of 5 (five) years or more. Corruption is one of the criminal offenses punishable by imprisonment of 5 (five) years or more, so former corruption convicts cannot run for or be nominated to become members of the People’s Representative Council (DPR). However, Law Number 7 of 2017 on General Election relaxed the requirements to allow former corruption convicts to run for or be nominated in elections for members of the People’s Representative Council (DPR). The Supreme Court and Constitutional Court also confirmed this in their decisions. If former corruptors can become People’s Representative Council (DPR) members, as House of Presentative or Parliament, they can change all Corruption Eradication Laws. In this normative juridical research, researchers questioned: 1) How is the comparison of the requirements for candidates for the People’s Representative Council (DPR) in various post-reform election laws? And 2) Does the loosening of the requirements for candidates for the People’s Representative Council (DPR) show the meaning of power in the formation of the election law? To answer these legal issues, the researchers use the statute approach with structural and systematic interpretation methods.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Riana Susmayanti
AU  - Mochammad Noor Rois Zain
PY  - 2024
DA  - 2024/01/10
TI  - Loosening Requirements for Parliament Membership: The Meaning of Power in Forming Election Law?
BT  - Proceedings of the 12th UUM International Legal Conference 2023 (UUMILC 2023)
PB  - Atlantis Press
SP  - 55
EP  - 76
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6463-352-8_5
DO  - 10.2991/978-94-6463-352-8_5
ID  - Susmayanti2024
ER  -