Many DPR Candidates Can Register for the 2024 Election Without SKCK, This is the Response of a UM Surabaya Legal Expert

• 08 Sep
• 2022

Ilustrasi gambar (ANTARA)

Many DPR Candidates Can Register for the 2024 Election Without SKCK, This is the Response of a UM Surabaya Legal Expert

• Article
• By Uswah Sahal
• Law
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Crowded on social media about the requirements for registering a candidate for the People's Representative Council (DPR) in the 2024 Election, it is not mandatory to include a police record certificate (SKCK) when registering with the KPU. Candidates for DPR members only need to produce a stamped statement stating that they have never been imprisoned, which carries a penalty of five years in prison.

These requirements also apply to candidates for members of the provincial DPRD, as well as regency/city DPRD members in the upcoming 2024 elections. Then, candidates for DPR and DPRD members are not required to include a photocopy of the taxpayer identification number (NPWP) when registering with the KPU. They are also not required to include a letter of receipt or proof of submitting a personal wealth report to the KPK.

Satria Unggul Wicaksana, a lecturer and legal expert at UM Surabaya, responded directly to this. According to him, there are many irregularities in this policy, especially with regard to the transparency and accountability of candidates for members of the DPR as well as the Provincial/District/City DPRD.

"First, if the process of selecting DPR members who have a heavy duty turns out to be filled by people who have a bad track record, of course it will result in bad legislation and legislative performance," Satria said Thursday (8/9/22)

According to him, a survey of indicators in 2022 shows that public trust in the legislature is only 61% for guarding democracy and anti-corruption. This indicates a negative public perception of the legislature.

Second, we need to refer to the decision of the Constitutional Court (MK) Number 56/PUU-XVII/2019 as jurisprudence in making legal political policies for the election of the DPR in the 2024 Election, which explicitly mandates Article 7 paragraph (2) letter g of Law Number 1 2014 concerning the election of Governors, Regents and Mayors (UU Pilkada) is contrary to the 1945 Constitution and does not have conditionally binding legal force as long as it is not interpreted to have passed a period of 5 (five) years after the former convict finished serving a prison sentence based on a court decision that had been have permanent legal force. It is also necessary to look at legal decisions if there is revocation of political rights, as well as other additional crimes, especially for special crimes such as corruption, terrorism and narcotics.

"Third, it is necessary for election management bodies such as the KPU-RI, Bawaslu RI, and DKPP to conduct tracing of these requirements, and encourage qualifications to be carried out so that ex-convict DPR candidates cannot advance in the contest," he added.

It is an obligation for supporting political parties to carry out "fit and proper" and implement a political party integrity system (SIPP) in checking their candidates, even though the last possibility is very small.

Fourth, encourage oversight and public participation so that ex-convicts can be identified and campaigned for DPR, especially corruption convicts not to contest again.

"Bintang Emon's satirical expressions, or creative content on social media have proven to be very effective in carrying out "naming and shaming" against ex-convict legislative candidates who are ignorant and are still contesting," concluded Satria.