Equality of Suffrage for People with Mental Disorders in Malang City

Abstract

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