RELEVANSI YURIDIS MANTAN NARAPIDANA DALAM KONTESTASI POLITIK: TELAAH KRITIS HAM DALAM PERSPEKTIF CONSTITUTIONAL GOVERNMENT AND DEMOCRACY

THE JURIDICAL RELEVANCE OF FORMER PRISONERS IN POLITICAL CONTESTATIONS: A CRITICAL STUDY OF HUMAN RIGHTS FROM A CONSTITUTIONAL GOVERNMENT AND DEMOCRACY PERSPECTIVE

Abstract

The problem of former prisoners in the political context in Indonesia is becoming an increasingly urgent issue to be discussed. Social stigma and legal regulations that limit their political rights often create injustice and discrimination, thus hurting their rights as citizens. The purpose of writing this article is to examine the juridical relevance of a former prisoner in a political contestation from a different perspective constitutional government and democracy based on human rights. The method used is normative juridical. This article is important because it examines human rights issues from a new perspective. The research results show that public law in Indonesia currently does not deny access to former prisoners from political contestation. To be able to review the implementation of the fulfillment of the right to nominate in general elections and enforce sanctions for violations, justification is needed from the courts and related legislation that regulates human rights freedoms.