Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia

Research Article

Deconstruction of the Concept of Former Convicts in the Law Number 10 Year of 2016 Concerning the Election of a Regional Head

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  • @INPROCEEDINGS{10.4108/eai.29-6-2021.2312660,
        author={Tongat  Tongat},
        title={Deconstruction of the Concept of Former Convicts      in the Law Number 10 Year of 2016 Concerning the Election of a Regional Head},
        proceedings={Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICOLEG},
        year={2021},
        month={10},
        keywords={deconstruction former convicts election regional head},
        doi={10.4108/eai.29-6-2021.2312660}
    }
    
  • Tongat Tongat
    Year: 2021
    Deconstruction of the Concept of Former Convicts in the Law Number 10 Year of 2016 Concerning the Election of a Regional Head
    ICOLEG
    EAI
    DOI: 10.4108/eai.29-6-2021.2312660
Tongat Tongat1,*
  • 1: Universitas Muhammadiyah Malang
*Contact email: tongat@umm.ac.id

Abstract

This study was aimed at analyzing the concept of “former convict” in the Law Number 10 Year 2016 and the related laws causing public confusion. Ambiguous interpretations of who is qualified as a former convict result in long debates especially when it was approaching to the 2020 regional heads elections. Conceptual discussions of the matter become interesting issues in the regional head’s elections. In some areas, the debates on the concept of former convicts may end in the courts. This present article will bring up the main issue of ambiguous interpretations of the concept of former convicts in the election of a regional head and the deconstruction of the construct in the Law Number 10 Year of 2016. Therefore, this writing is aimed at analyzing the ambiguous interpretations of the concept of former convicts and the efforts that may be made to deconstruct the concept. Through a normative study, the results of the analysis are as follows. First, the ambiguous interpretations of the meaning of former convicts arise due to inconsistency in using the legal term. As a result, to assure its legal certainty, the use of the legal term in various laws should be consistent in line with the applicable laws. Second, the deconstruction of the concept of former convicts should be adjusted to the prevailing regulations.