Clarification of Candidacy Requirements for Former Convicts in Regional Head Elections (A Study of Constitutional Court Decision Number 32/PUU-XXIII/2025)

Abstract

The regulation of candidacy requirements for former convicts in regional head elections continues to evolve through the interpretations of the Constitutional Court. These developments are important to examine because the requirements are directly related to the exercise of citizens’ political rights and legal certainty in the administration of regional head elections. This study aims to analyze the clarification of candidacy requirements for former convicts following Constitutional Court Decision Number 32/PUU-XXIII/2025. This study employs normative legal research using a statutory approach. The data consist of secondary data comprising primary legal materials, secondary legal materials, and non-legal materials. Data collection is conducted through library research. The findings indicate that Constitutional Court Decision Number 32/PUU-XXIII/2025 clarifies that former convicts who committed criminal offenses punishable by imprisonment for five years or more must complete their sentences and undergo a five-year waiting period. Meanwhile, former convicts who committed criminal offenses punishable by imprisonment for less than five years must complete their sentences but are not required to undergo the waiting period. Both categories remain obligated to publicly disclose their former-convict status in accordance with the Court’s ruling and to report that status to the relevant General Elections Commission (KPU) or Independent Elections Commission (KIP) whenever they participate in an election. This clarification establishes a distinction in candidacy requirements based on the maximum prison sentence prescribed for the offense.