RATIO LEGIS REGULATION OF POLITICAL RIGHTS OF PERSONS WITH DISABILITIES IN LAW NUMBER 7 OF 2017 CONCERNING GENERAL ELECTIONS

Abstract

The purpose of writing this article is to examine more deeply what constitutes the basic considerations, objectives, legal arguments, and reasons for the formulation of political rights for persons with disabilities as stated in Article 5 of Law Number 7 of 2017 concerning General Elections. Judging from the material of the legislation, the Act does not provide legal justice, legal benefits, or legal certainty in the protection, respect, enforcement, and fulfillment of the political rights of persons with disabilities to be elected as candidates for members of the People's Representative Council (DPR) or Regional People's Representative Council (Provincial or Regency/City DPRD). The advantage of this article is that researchers offer to problem-solve in the formulation of the Draft Law on Elections to construct non-discriminatory vulnerable groups, which include women's groups and groups of people with disabilities. The drafters of the Election Law must consider the level of vulnerability of each group and then align it with appropriate policies in the form of relevant affirmative actions. In addition, there is a need to participate in vulnerable groups and NGOs engaged in empowering and advocating for the rights of persons with disabilities.

Keywords

• ratio legis
• political rights
• persons with disabilities
• vulnerable groups
• general election