Integrity Behind The Judge's Decision Upon KPU Regulation

Judge's Discretion Power

Although our constitute would restrict any of above attempt to restrict one's right of political and democracy participation. In order to maintain justice there are other ways allowed by the constitution to do the peculiar attempt, which is through the judicial power.

Article 24 paragraph 1 constitution states that the judicial power is an independent power to maintain the law and justice. Therefore the derivation of those power could be found in article 18  paragraph 1 (d), with it the judge by the law held a capability to take one's political and democracy rights away for a specific period of time. Some of the decision could be found in Sultan Nur Alam, Ridwan Mukti and Irman Gusman cases.

Penal Law  as an Ultimum Remedium

The Judges had also deliberately thoughts of the spirit of the law itself. The judges believe that any of the criminal who already run their sentences would become an innocent well being. 

Through the process of law they have repent on what they have done and there should be no any other penalties beside the court sentence. So the people who had already finished their sentence should live like how a normal person live without any kind of discrimination. Therefore the restriction made by KPU beside it obstruct the law above it, it also seems had tarnished the spirit of the itself.

The Death Penalties awaits

Last thing according the writters opinion, there is a law enactment in the future which is a worth to wait and worth to try, the death penalties for a corruptor. 

According to article 2 paragaph 2 Regulation number 31 / 1999 states that the death penalty would lay upon to the accused if corruption is held in a specific matters. Thus, in the explanation of the article, defined that one of the specific matters is "if the accused had occurs a repeated corruption".Therefore there would be a great chances that a corruptor could have their life ended by the proper process of the law.