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 / PUUXIII / 2015 that revoked the provisions of Article 57 paragraph 3 letter a of Indonesian Law Number 8 of2015 concerning Amendment of Law Number 1 concerning the Stipulation of Government Regulation inLieu 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 forpeople with disabilities to implement their political rights.Qualifications for people with mental disabilities in elections of The Constitutional Court decides that thephrase “mental disorders/ memory impairment” must be interpreted as “experiencing mental illness and/ orpermanent memory impairment which according to mental health professionals, has abolished one’s abilityto vote in elections”. It means that sufferers with mental disorders and/ or impermanent memory impairmentmust 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)) inelections is very important because general election gives opportunity to increase participation and changepublic perception for the ability of people with disabilities. As the result, people with disabilities can havestronger political voice and they are recognized more as equal citizens. Moreover, this research was incategory of normative research with normative juridical approach. In conclusion, the equality of politicalrights for people with mental disorders (orang dengan gangguan jiwa (ODGJ)) in elections is very importantbecause general election gives opportunity to increase participation and change public perception for theability of people with disabilities. As the result, people with disabilities can have stronger political voice andthey are recognized more as equal citizens.