EQUALITY OF SUFFERAGE FOR PEOPLE WITH MENTAL DISORDERS IN MALANG CITY

Constitutional Court of Indonesia in 2015 established Constitutional Court's DecisionNumber 135 / PUU-XIII / 2015 that revoked the provisions of Article 57 paragraph 3letter a of Indonesian Law Number 8 of 2015 concerning Amendment of Law Number 1concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2014which the substance prohibited person with disabilities for voting in election. Then, LawNumber 7 of 2017 concerning General Elections, which exclusively gave political rightsfor people with disabilities to implement their political rights.Qualifications for people with mental disabilities in elections of The ConstitutionalCourt decides that the phrase "mental disorders/ memory impairment" must beinterpreted as "experiencing mental illness and/ or permanent memory impairmentwhich according to mental health professionals, has abolished one's ability to vote inelections". It means that sufferers with mental disorders and/ or impermanent memoryimpairment must still be registered as voters and they have the opportunity to use theirvoting rights in elections.Equality of political rights for people with mental disorders (Orang Dengan GangguanJiwa (ODGJ)) in elections is very important because general election gives opportunity to increase participation and change public perception for the ability of people with disabilities. As the result, people with disabilities can have stronger political voice andthey are recognized more as equal citizens. Moreover, this research was in category ofnormative research with normative juridical approach. In conclusion, the equality ofpolitical rights for people with mental disorders (orang dengan gangguan jiwa(ODGJ)) in elections is very important because general election gives opportunity toincrease participation and change public perception for the ability of people withdisabilities. As the result, people with disabilities can have stronger political voice andthey are recognized more as equal citizens.


A. INTRODUCTION
Democracy in Indonesia is different from Western democracy. Western democracy is liberal or free democracy. Democracy in Indonesia is built from Pancasila, as a fundamental norm that is explained in law and regulation norms. 1 Disabilities are part of Indonesian citizens who have rights for respect, protection, and fulfillment of their basic rights as what is guaranteed in the 1945 Constitution of the Republic of Indonesia. In legislative and presidential and vice presidential elections in 2014, people with disabilities still experienced discriminations and one of them was discrimination in using their right to vote in general elections. The cause was the absence of regulations that protected rights for people with disabilities (PSHK, 2016 JURNAL ILMU HUKUM Vol.4 No.1, Maret 2020 195 concerning Person with Disabilities which stated that, "Central Government and Regional Government must guarantee the rights and opportunities for Person with Disabilities to elect and to be elected". Discriminatory provision in provision of Article 57 paragraph (3)  However, being allowed for the people with disabilities (ODGJ) to vote in general elections caused procontra in legal experts, politicians, educators, students, communities, and all groups of community because there were fears of ODGJ vote JURNAL ILMU HUKUM Vol.4 No.1, Maret 2020 196 which could be misused later by irresponsible elements. Some people believed that ODJG could not vote. This opinion was based on the provisions of Article 433 of the Civil Code which stated that people with mental disorders must be with tutelage.
Thus indirectly, ODGJ could not vote. According to Civil Code, person who is under control by tutelage is considered incapable in doing legal actions. In other words, the person with disabilities cannot be accountable for his/her actions.
According to the provisions of Article 1330 paragraph (2)  of HIR stipulates that one of the people who cannot be heard in court as witnesses is crazy people, even though the crazy people sometimes had bright memories. Thus, it might be understood that ODGJ is not capable in law.

B. RESEARCH METHODS Research Type
Type of this research was empirical juridical research. In this research, the researcher examined the equality of political rights for people with mental disorders (orang dengan gangguan jiwa (ODGJ)) in regional elections in Malang City.

Research Approach
Type of this research approach was sociological juridical approach. Juridical approach in this research aimed at analyzing Indonesian Law Number 7 of 2017 concerning Elections, then, sociologically looking at the implementation of these regulations in Malang City people who were as participants in the election of Regional Government.

a. Primary Data Source
Data was obtained from parties which were related directly with this research and the parties were: 1) Batu City people 2) Batu City people who became part/ who suffered from mental disorders.

b. Secondary Data Source
Supporting data were such as books, archives, documents, and many more which were obtained during research process.

a. Primary Data
Techniques which were used to collect primary data were observation, Clinically, in order to assess whether someone is considered to have capacity to make choice or not, at least, he/she must be able to state 4 things, which are understanding the choice that is given, being able to state their choice, having reasons why to choose the choice, and knowing the consequences from that choice. This capacity must be checked specifically for specific purposes or situations. The example of clinical situation is sufferer's capacity needs to be examined in order to determine whether the sufferer has capacity to determine treatment type that will be