Legal review of the constitutional court decision number 135/PUU-XIII/2015 on the voting rights of people with mental disorders (ODGJ) reviewed from the foundation of positive law

Abstract

People's participation as citizens in the implementation of government is the main requirement in filling positions. To be able to take part in elections, people must comply with the provisions that have been ratified by law. The KPU "General Election Commission" as the organizer of the democratic party gives the right to vote in elections to People with Mental Disorders (ODGJ). ODGJ are allowed to take part in the 2024 elections as stated in the decision of the MK "Constitutional Court". The aim of this research is to examine juridically "the decision of the Constitutional Court Number 135/PUU-XIII/2015 concerning the voting rights of People with Mental Disorders or ODGJ and the impact that may arise from the participation of ODGJ in taking part in the election". The author chose a normative juridical approach (Legislative Approach). The research carried out by the author used a normative juridical approach (Legislation Approach). The data used in this research uses secondary data, namely data or input sourced from literature and statutory regulations. For this type of research, the author applies qualitative descriptive research. Based on research results, the ruling "Constitutional Court Decision Number 135/PUU-XII/2015" states that people suffering from mental disorders can vote only if they do not experience permanent mental disorders that have prevented them from voting in general elections, according to mental health experts.. Based on this, there is disharmony between the decision of the constitutional court and positive law in Indonesia. Apart from that, the possible impact of ODGJ's participation in the election is the emergence of various frauds in the democratic party process.