EQUALITY OF SUFFERAGE FOR PEOPLE WITH MENTAL DISORDERS IN MALANG CITY

Nofi Sri Utami* -  Islamic University of Malang, Indonesia
M. Dwi Cahyono -  MIN 1 Kota Malang, Indonesia
Syaifuddin Syaifuddin -  Islamic University of Malang, Indonesia

DOI : 10.24269/ls.v4i1.2663

Constitutional Court of Indonesia in 2015 established Constitutional Court's Decision
Number 135 / PUU-XIII / 2015 that revoked the provisions of Article 57 paragraph 3
letter a of Indonesian Law Number 8 of 2015 concerning Amendment of Law Number 1
concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2014
which the substance prohibited person with disabilities for voting in election. Then, Law
Number 7 of 2017 concerning General Elections, which exclusively gave political rights
for people with disabilities to implement their political rights.
Qualifications for people with mental disabilities in elections of The Constitutional
Court decides that the phrase "mental disorders/ memory impairment" must be
interpreted as "experiencing mental illness and/ or permanent memory impairment
which according to mental health professionals, has abolished one's ability to vote in
elections". It means that sufferers with mental disorders and/ or impermanent memory
impairment must still be registered as voters and they have the opportunity to use their
voting rights in elections.
Equality of political rights for people with mental disorders (Orang Dengan Gangguan
Jiwa (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 and
they are recognized more as equal citizens. Moreover, this research was in category of
normative research with normative juridical approach. In conclusion, the equality of
political rights for people with mental disorders (orang dengan gangguan jiwa
(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 and
they are recognized more as equal citizens.
Keywords
Voting Rights (suffrage), People with Disabilities, General Election
Full Text:
Article Info
Submitted: 2020-05-19
Published: 2020-05-19
Section: Articles
Article Statistics: 102 33
Citation :