ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 12/PUU-XXI/2023 TENTANG MANTAN NARAPIDANA SEBAGAI CALON LEGISLATIF DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA

Article 182 letter g of Law Number 7 of 2017 concerning General Elections is contrary to article 28 D paragraph 1 of the 1945 Constitution and is inconsistent with the application of other election conditions. Based on this, the formulation of the research problem is first, what is the basis for the Constitutional Court judges' considerations in the Constitutional Court decision Number 12/PUU-XXI/2023 and how the Constitutional Court decision Number 12/PUU-XXI/2023 is viewed from a human rights perspective. Normative juridical research methods and conceptual approaches and statute approaches. Sources of primary and secondary legal materials. The technique for collecting legal materials is literature and document study. Qualitative descriptive analysis. The results of the research and discussion show that the provisions of the norms of Article 182 letter g of Law Number 7 of 2017 concerning General Elections which regulate the requirements for former convicts who will nominate to become members of the DPD have been proven to have problems with the constitutionality of norms and are not in line with the spirit contained in the provisions of the norms of Article 7 paragraph (2) letter g of Law Number 10 of 2016 which has been interpreted in the Constitutional Court Decision Number 56/PUU-XVII/2019 and the norms of Article 240 paragraph (1) letter g of Law Number 7 of 2017 concerning General Elections as which has been interpreted in the Constitutional Court Decision Number 87/PUU-XX/2022 which is then reviewed from a human rights perspective. And according to human rights, former prisoners still have the political right to be elected or vote, but there are still restrictions. The author's suggestion requires the KPU to use Constitutional Court Decision Number 12/PUU-XXI/2023 as a reference in producing a regulation regarding the requirements for DPD member candidates and revoke PKPU regulation No. 11 of 2023.