Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)

Election of State Officials with Suspect Criminal Offense Status in Progressive Legal Perspective

Authors
Bayu Dwiwiddy Jatmiko1, *
1Faculty of Law (University of Muhammadiyah Malang), Malang, Indonesia
*Corresponding author. Email: bayu.dj15@yahoo.com
Corresponding Author
Bayu Dwiwiddy Jatmiko
Available Online 22 November 2021.
DOI
10.2991/assehr.k.211102.202How to use a DOI?
Keywords
Elections; State Officials; Suspect Status; Progressive law
Abstract

Legislative policies in the form of legislation in the Reformation Era, on the one hand, must formally contain ethical and moral values, but on the other hand, legislative policies sometimes seem to ignore ethical and moral values. This can be seen from the absence of strict rules governing whether or not state officials with the status of suspects are allowed to participate in the nomination and election processes. This gives rise to legal problems in the form of blurring legal norms. The question then arises, how does Indonesian law regulate “suspect status” in the nomination and election of state officials in a progressive legal perspective. As a normative juridical study, this paper uses a statutory approach to various related legal materials, in order to conduct a content analysis from a progressive legal perspective. The results show that the nomination and election of state officials with suspect status within the scope of executive positions as regional heads and within the scope of legislative positions as members of the DPR RI do not have rules that require them to resign from their positions but in the perception of the concept of progressive law the law should be more conscientious in the sense that it is loaded with ethical and moral content, thus confirming “Law for humans”.

Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
22 November 2021
ISBN
978-94-6239-449-0
ISSN
2352-5398
DOI
10.2991/assehr.k.211102.202How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

TY  - CONF
AU  - Bayu Dwiwiddy Jatmiko
PY  - 2021
DA  - 2021/11/22
TI  - Election of State Officials with Suspect Criminal Offense Status in Progressive Legal Perspective
BT  - Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)
PB  - Atlantis Press
SP  - 223
EP  - 228
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211102.202
DO  - 10.2991/assehr.k.211102.202
ID  - Jatmiko2021
ER  -