Equality of Suffrage for People with Mental Disorders in Malang City

Authors

  • Nofi Sri Utami1 , Nanik Prasetyoningsih2, Kuswanto Kuswanto3

DOI:

https://doi.org/10.37506/ijfmt.v15i1.13607

Keywords:

Voting Rights (suffrage), People with Disabilities, General Election

Abstract

Constitutional Court of Indonesia in 2015 established Constitutional Court’s Decision Number 135 / PUUXIII / 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.

Author Biography

Nofi Sri Utami1 , Nanik Prasetyoningsih2, Kuswanto Kuswanto3

1
Lecturer, Faculty of Law, Universitas Islam Malang, 2Lecturer, Universitas Muhammadiyah Yogyakarta, 3Lecturer,
Universitas Darul Ulum

Published

2020-12-31

How to Cite

Nofi Sri Utami1 , Nanik Prasetyoningsih2, Kuswanto Kuswanto3. (2020). Equality of Suffrage for People with Mental Disorders in Malang City. Indian Journal of Forensic Medicine & Toxicology, 15(1), 1387-1391. https://doi.org/10.37506/ijfmt.v15i1.13607