The Legal Ratio of the Five-Year Waiting Period for Ex-Convicts to Fulfill the Requirements as a Candidate for Regional Head in Indonesia
Main Article Content
This study aimed to determine the legal ratios of the five-year waiting period for ex-convicts to become candidates for regional heads and the initial five-year waiting period from the end of imprisonment in Indonesia. Case and conceptual approaches were used and legal materials analyzed by describing several constitutional court decisions. Furthermore, these materials were analyzed theoretically as a follow-up to finding rational-legal rules. The results showed that the five-year waiting period for ex-convicts to qualify as candidates for regional heads to eliminate social labeling and the importance of the waiting period is calculated from the end of serving the correctional period, including parole. Therefore, the requirement for ex-convicts to wait for five years to qualify as regional head candidates should be stated in the law. The right time to start calculating the status as an ex-convict is when all prison terms are finished.