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Correctional purposes not for revenge. During the criminal, convict nurtured and educated to be good so that after undergoing a criminal can integrate normally in society and be useful for the development of the nation.

That's the philosophy of the correctional system. But that raises a question mark is the requirement was never punished with a penalty of a minimum of 5 years in prison as stipulated in the Act on Local Government and Act on Legislative Election. Even in the office of the state are also listed requirements. This is not only contrary to the penal philosophy, but also contrary to Article 27 and Article 28 of the 1945 Constitution.

This was said constitutional law expert Prof. Dr. Yusril Ihza Mahendra applicant as an expert in the plenary session of the Constitutional Court (MK) on Wednesday (09/27/2012) afternoon. In addition, continued Yusril, a person cannot be punished by law. A person can only be punished by a court decision. Yusri gives an example of trial of Anwar Ibrahim, former Deputy Prime Minister of Malaysia. Anwar was sentenced to six years imprisonment and deprived of political rights for the past 7 years. The decision was eventually overturned by the Supreme Court of Malaysia. Former Prime Minister of Thailand, Thaksin Shinawatra, was also sentenced and revoked his right to engage in politics for 5 years.

"So, the decision of the courts is to punish a person, not a law that punishes a person. It's now the law punishes a person without a trial. When judges said this person should not be the head of the region?" said Yusril.

The trial for the third time the case 79/PUU-X/2012 happenings Elucidation of Article 3 and Article 3 of Law no. 12 Year 1995 on Corrections, Article 58 letter (f) of Law no. 32 Year 2004 on Regional Government, as amended by Law no. 12 Year 2008 on the Second Amendment Law. 32 of 2004, Article 12 point (g) and Article 51 paragraph (1) letter (g) of Law no. 8 Year 2012 on General Elections Members of Parliament, Council and Parliament, it is implemented by constitutional judges Moh. Mahfud MD (chair of the plenary) was accompanied by six-members of plenary Ahmad Sodiki, Ahmad Fadlil Sumadi, Harjono, Muhammad Alim, Maria Farida Indrati, and M. Akil Mochtar.

Court hearing agenda this time is information from the Government, the Parliament and the Witness / Expert of the applicant and the Government. Government in the information submitted by the Director of the Ministry of Justice and Human Rights Litigation, Mualimin Abdi, said the prison system is a continuum of criminal law enforcement (criminal justice system). Therefore, the implementation cannot be separated from the general conception of the development of criminal prosecution.

In addition, correctional facilities is to conduct training activities prisoners based institutional system and the way coaching is the final part of the system of punishment in the criminal justice system. "Correctional system held in order to establish prisoners in order to be fully human, realizing his mistake, to improve and not repeat the offense, so it can be received by a community, can actively participate in the development and can be reasonably as a good citizen and responsible,"said Abdi Mualimin.

Then, Mualimin said, if the implementation is an ex-convict wanted to participate actively in politics or running for the head area, hampered by legislation, the government says it is another problem. "In our opinion, cannot be contested between the Corrections Act legislation that regulates a person to be the head of local or public officials another," continued Mualimin.

In this regard, Mualimin cited Article 58 letter f Local Government Act and a Constitutional Court ruling in essence that the provisions are not inconsistent with the provisions of the 1945 Constitution, all the means does not include the born criminal negligence and criminal light for political reasons certain , as well as taking into account the properties of tenure itself.

The government maintains that the Penal Law on one side and other laws governing the rights of political prisoners cannot be opposed to one another. "Unless Your Excellency Judge of the Constitutional Court can correct back laws that regulate or that has been decided by the Constitutional Court that the prisoner has completed a criminal running it is automatically able to carry out their political rights to the head office as well as strip- certain other public office," said Abdi Mualimin.

To note, the judicial hearing Penitentiary Act was filed by Hidayat Sudirman and H. Samsul Hadi Siswoyo. But both are hampered by the terms "never liable to a penalty of a minimum of 5 years in prison" as stipulated in the Law on Local Government and Law on Legislative Election. (Nur Rosihin Ana / mh/Yazid.tr)

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