Skck's Position In The Former Nomination Process Corruption Convicts As Legislative Candidates Based On Perspective On Election Law

Abstract

This study analyzes the issuance of Police Clearance Certificates (SKCK) for former corruption convicts running as legislative candidates, explicitly addressing the relationship between the function of SKCK, the guarantee of political rights for former corruption convicts following Constitutional Court Decision No. 87/PUU-XX/2022, and the effectiveness of the candidacy verification process carried out by the General Election Commission (KPU). Using an empirical legal research method with statutory and conceptual approaches, primary data were gathered through interviews with local police departments and the KPU. The findings reveal three key results. First, both normatively and in practice at the Police Resort (Polres) level, SKCK functions purely as an administrative document that objectively records an applicant's criminal history, not as an instrument for assessing political eligibility; consequently, the political rights of former corruption convicts who meet the rights-restoration requirements under Constitutional Court Decision No. 87/PUU-XX/2022 having completed their sentence, passed a specified waiting period, not being a repeat offender, and having openly disclosed their status to the public  remain protected and cannot be nullified solely on the basis of the criminal record noted in the SKCK. Second, the KPU's candidacy verification process remains formal-administrative in nature and is not yet supported by adequate data integration among the police, the Directorate General of Corrections (Ditjen PAS), and the KPU itself, leaving the KPU without an independent means of confirming the accuracy of a candidate's disclosed status. Third, this data-integration gap opens the door to double standards in candidacy verification, it risks clearing candidates whose disclosure has not been genuinely verified, while simultaneously permitting subjective judgments that could discriminate against former corruption convicts who have, in fact, met all requirements. The study recommends harmonizing regulations across the Election Law, police regulations on SKCK, and the KPU's technical rules, alongside strengthening inter-agency data integration, so that candidacy verification can proceed consistently, transparently, and without discrimination, without compromising the protection of citizens' political rights.

Keywords: SKCK, former convict, political rights, elections, legislative candidate, administrative discrimination.