The Constitutional Court (MK) rejected and cannot accept the petition filed by two former inmates, Sudirman Hidayat and Syamsul Hadi Siswoyo, on Thursday (16/5) at the Plenary Court. The decision to No. 79/PUU-X/2012 read by Chief Justice M. Akil Mochtar, accompanied by eight constitutional judges. 

"Rejecting the petition of the applicant regarding the constitutionality of Section 3 and the elucidation of Article 3 of Act 12/1995 on Corrections, as well as Article 12, paragraph g and Article 51 paragraph (1) letter g Act 8/2012 on the Election of Members of House of People Representatives, House of Regional Representatives and Regional Representatives Council. The Petitioners regarding the constitutionality of Article 58 letter f of Act 32/2004 on Regional Government is unacceptable," Akil said before the hearing. 

In the Court’s opinion read by Justice Hamdan Zoelva, according to the Court Article 3 and the elucidation of Article 3 of Act 12/1995 regulates the functions of correctional inmates to prepare healthy in order to integrate with the community, so it can play back as a member of society who are free and responsible . "Article in Law quo has absolutely nothing to do with restrictions on the constitutional rights of the applicant to be nominated and selected as the regional head / deputy regional head, DPR, DPD and DPRD," explained Hamdan. 

Hamdan proceed according to the Court Article 3 and the elucidation of Article 3 of Act 12/1995 does not specifically interpretation can be given that the phrase "... so it can play back as a member of a free and responsible society, including selected as regional head or deputy head of the regional and / or chosen as a member of the House of Representatives, or the Regional Representative Council, or the Legislative Council ". Court held the position of someone who has not differentiated been convicted and sentenced to a person who ever is not arbitrary. Court, said Hamdan, as in Decision No. 4/PUUVII/2009, dated March 24, 2009, has set certain requirements for those who been sentenced to be able to fill a public office, namely five years after the ex-convicts served their imprisonment by court decisions that have permanent legal force can nominate themselves as regional head / deputy regional head, DPR, DPD and DPRD. 

"It is based on the consideration that: (i) turnover cycle in particular public office through elections held every five years, (ii) provide an opportunity for ex-convicts to get back into good citizens, and (iii) demonstrate to the public that the ex-inmates not repeat his actions and being a good community," said Hamdan. (Lulu Anjarsari / mh)