Legal Realism Perspective On The Injustice Of The Election Nomination System By Former Corruption Convicts

Abstract

The legal realism approach to election disputes demonstrates that legal decisions are not solely based on written law but must also consider the social and moral context. Ahead of the 2024 general election and regional head elections, an unfair nomination system exists, specifically allowing former corruption convicts to run for legislative office. General Elections Commission Regulation Number 10 of 2023 and General Elections Commission Regulation Number 11 of 2023 allow former corruption convicts to run for legislative office without a 5-year cooling-off period, which contradicts Constitutional Court Decisions Number 87/PUU-XX/2022 and Number 12/PUU-XXI/2023. In this case, the judges ruled that a five-year coolingoff period is sufficient for former corruption convicts to reflect and re-adapt to society. Therefore, KPU regulations must reflect the Constitutional Court's ruling, which considers moral and social aspects to ensure that every citizen's rights are met. The research method used is normative juridical with literature study approach.