ANALISIS UNDANG-UNDANG TERHADAP KEBIJAKAN PKPU (Mantan Narapidana Tidak Boleh Mencalonkan Diri Menjadi Anggota Legislatif)

Abstract

In Indonesia, the institution that is tasked with overseeing general elections that are national, permanent and independent in conducting elections is the General Election Commission (KPU). In carrying out its duties, the KPU is assisted by the secretariat general of the provincial KPU and the regency / city KPU respectively assisted by a secretariat. The KPU also has the authority to determine whether a candidate wins or not in a general election. In making a policy, the KPU also has the right to make a General Election Commission Regulation (PKPU) which must be obeyed because PKPU is included in the statutory hierarchy. However, what if the PKPU policy conflicts with the law as in Article 7 paragraph (1) .h PKPU Number 20 of 2018 concerning Nominations for Members of the People's Representative Council, Provincial Regional People's Representative Council, Regency / City Regional Representative Council explained that the former convict corruption may not be nominated as a member of the legislature, but in reality there are still many former corruption convicts who run for legislative membership. This paper is based on the Law literature and reading materials scattered in various relevant media. The conclusion of the PKPU policy towards ex-convicts who may not run for legislative membership is not in accordance with the legislative regulations concerning elections because it is contrary to the legislative hierarchy.