Requirements for Political Rights of Former Convicts to Become Regional Representative Council Member Candidates from the Perspective of Fiqh Siyāsah Study of Constitutional Court Decision Number 12/PUU-XXI/2023

Abstract

Following the enactment of Constitutional Court Decision Number 12/PUU-XXI/2023, which allows a former prisoner to nominate to become a member of the DPD, and the addition of the phrase to norm 182 letter g, the Constitutional Court has indirectly acted as a positive legislator. This research presents two distinct problem formulations. The first is a legal study of the Constitutional Court's ruling Number 12/PUU-XXI/2023, which addresses the prerequisites for ex-offenders to apply to join the DPD. Second, is the fiqh siyāsah dusturiyāh analysis of the Constitutional Court decision Number 12/PUU-XXI/2023 concerning the requirements for former convicts to nominate to become members of the DPD. This research uses a normative legal writing method through library research. The findings of this research presented that, although it conflicts with the 1945 Constitution and constitutional rights, the granting of the request for a judicial review of the requirements for ex-convicts to nominate themselves as members of the DPD in Article 182 letter g is by the principles of siyāsah dusturiyāh, which address human rights as well as openness, justice, and conformity with prior rulings.