Source: Untar Public Relations – LA
Marlina Samosir asserted that there should be no tolerance for individuals convicted of corruption to run in elections or hold public office. She linked her argument to Constitutional Court Decision No. 4/PUU-VII/2009, which stipulates that convicted individuals may regain their political rights five years after completing their sentence. According to her, the ruling contradicts Articles 38 and 90 of Indonesia’s newly enacted Criminal Code.
She presented this argument while defending her dissertation during the open examination for the Doctor of Law Program at Untar on Wednesday (17/7/2024) at the Auditorium of Untar Campus I. Marlina successfully defended her dissertation entitled “Revocation of Political Rights to Hold Public Office for Individuals Convicted of Corruption Crimes from the Perspective of Justice.”
The research was motivated by the ongoing debate among the public and government institutions regarding the revocation of political rights. Marlina argued that Indonesia is not lacking in qualified human resources and therefore limitations on the revocation of political rights should not be applied in a way that allows every corruption convict to regain eligibility for public office.
As part of her recommendations, Marlina proposed the annulment of Constitutional Court Decision No. 4/PUU-VII/2009, the establishment of clearer regulations regarding the duration and limits of political rights revocation, and the authority for judges to impose the revocation of political rights even without a request from public prosecutors. She further argued that once political rights have been revoked, the individual should no longer be eligible for election to public office.
The open examination, chaired by Prof. Dr. Ir. Agustinus Purna Irawan, M.T., M.M., I.P.U., ASEAN Eng., declared Marlina the 41st Doctor of Law graduate from Untar, earning the distinction of very satisfactory. The examination committee consisted of Prof. Dr. Amad Sudiro, S.H., M.H., M.M., M.Kn., who also served as the principal supervisor; Prof. Dr. Mella Ismelina F.R., S.H., M.Hum., as co-supervisor; Prof. Dr. Ariawan Gunadi, S.H., M.H.; Prof. Dr. H. Rasji, S.H., M.H.; Dr. Hery Firmansyah, S.H., M.Hum., MPA.; Dr. Gunawan Djajaputra, S.H., S.S., M.H.; and External Examiner Dr. Firman Wijaya, S.H., M.H. (LA/YS/KJ)