Reformulation Requirements for the Nomination of People's Representative Council in Law Number 7 of 2017 Concerning General Elections in a Progressive Legal Perspective and the Imamah Al-Ghazali Concept

Abstract

Discussion of the participation of former corruptors as candidates for members of the People's Legislative Assembly (hereinafter referred to as the DPR) and the Regional People's Representative Council (hereinafter referred to as the DPRD) with the title: Reformulation of Arrangements for the Requirements for the Nomination of Members of the People's Legislative Assembly Based on Law Number 7 of 2017 Concerning General Elections from a Progressive Legal Perspective and the concept of Imamat Al-Ghazali. The author considers that the KPU's stance as outlined in PKPUa Number 20a Tahun 2018 regarding the statement of disapproval of the former criminal act of corruption as a candidate for the DPR is the best solution for resolving the problem of corruption in this country. However, what happened was the Supreme Court's decision regarding the judicial review of PKPUa Number 20 of 2018 as outlined in the Supreme Court Decision Number 46 P/HUM/2018 rejecting these ideas and ideas on the grounds that the rules made by the KPU are contrary to higher laws and regulations and human rights. Likewise, with the same decision through the same decision by the Constitutional Court Number 56/PUU-XVII/2019 returning its legal stance to the Constitutional Court Decision Number 4/PUU-VII/2009 Affirming that the cumulative requirements in the nomination of former convicts apply to all types of criminal acts, not limited to former corruption convicts, drug dealers, or sexual crimes against children. According to the writer's opinion, it is necessary to reform and improve the implementation of democracy, so that the power of the oligarchs and elites does not block the birth canal and the presence of a democratic process that is equal and in favor of justice and is able to give birth to leaders who are ready and loved by the people, our democracy must not give birth to equality politics hindered by material inequalities that are almost unlimited.