SYARAT PENCALONAN ANGGOTA DPR DAN DPRD DALAM PASAL 11 AYAT (6) PERATURAN KPU NOMOR 10 TAHUN 2023 PERSPEKTIF SIYASAH

M. Rifqi Ali Mahzumi, NIM.: 18103070033 (2023) SYARAT PENCALONAN ANGGOTA DPR DAN DPRD DALAM PASAL 11 AYAT (6) PERATURAN KPU NOMOR 10 TAHUN 2023 PERSPEKTIF SIYASAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Electoral College (KPU), as the electoral organizing body, has enacted the KPU (PKPU) regarding the candidacy requirements for members of the People's Consultative Assembly (DPR), Regional Representative Council (DPRD) at the Provincial and District/City levels for the year 2024. This regulation is known as KPU Law Number 10 of 2023 concerning the Nomination of Members of the DPR and DPRD. However, there is one article in this regulation, namely Article 11 paragraph (6), which contradicts Constitutional Court Decision Number 87/PUU-XX/2022. The court decision mandates that individuals with prior convictions who intend to register as legislative candidates must have passed 5 years after completing their prison sentences based on a legally binding court decision. The main issues explored in this study are: What is the siyasah dusturiyah perspective on Article 11 paragraph (6) of the General Election Commission Regulation Number 10 of 2023 concerning the Nomination of Members of the DPR and DPRD? And how is the legal norm review of Article 11 paragraph (6) of the General Election Commission Regulation Number 10 of 2023 concerning the Nomination of Members of the DPR and DPRD? The research method employed in this study is library research or literature review. The research approach used is a normative juridical approach. The primary data sources include the General Election Commission Regulation Number 10 of 2023 and the General Election Commission Decision Number 352 of 2023. Additionally, secondary data consists of primary legal materials such as the Constitutional Court Decision Number 87/PUU-XX/2022 and secondary legal materials including the Constitution of the Republic of Indonesia 1945, Law Number 12 of 2011 concerning the Formation of Legislation, and Law Number 7 of 2017 concerning General Elections. The theories applied in this study are the siyasah dusturiyah theory and the hierarchy of legal norms The results of this research are as follows: 1. According to political theory, the provisions in Article 11 paragraph (6) of the General Election Commission Regulation Number 10 of 2023 are not in line with one of the political principles and the ethical-moral values in Islam. 2. Based on the hierarchy of legal norms, the provisions in Article 11 Paragraph (6) of the KPU Regulation Number 10 of 2023 concerning the Nomination of Members of the DPR and DPRD are contradictory to Article 240 paragraph (1) letter g of Law Number 7 of 2017 regarding General Elections, as affirmed by the Constitutional Court in its decision Number 87/PUU-XX/2022

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