Equality of Sufferage for People With Mental Disorders in Malang City

Abstract

Constitutional Court of Indonesia in 2015 established Constitutional Court's DecisionNumber 135 / PUU-XIII / 2015 that revoked the provisions of Article 57 paragraph 3letter a of Indonesian Law Number 8 of 2015 concerning Amendment of Law Number 1concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2014which the substance prohibited person with disabilities for voting in election. Then, LawNumber 7 of 2017 concerning General Elections, which exclusively gave political rightsfor people with disabilities to implement their political rights.Qualifications for people with mental disabilities in elections of The ConstitutionalCourt decides that the phrase "mental disorders/ memory impairment" must beinterpreted as "experiencing mental illness and/ or permanent memory impairmentwhich according to mental health professionals, has abolished one's ability to vote inelections". It means that sufferers with mental disorders and/ or impermanent memoryimpairment must still be registered as voters and they have the opportunity to use theirvoting rights in elections.Equality of political rights for people with mental disorders (Orang Dengan GangguanJiwa (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 andthey are recognized more as equal citizens. Moreover, this research was in category ofnormative research with normative juridical approach. In conclusion, the equality ofpolitical rights for people with mental disorders (orang dengan gangguan jiwa(ODGJ)) in elections is very important because general election gives opportunity toincrease participation and change public perception for the ability of people withdisabilities. As the result, people with disabilities can have stronger political voice andthey are recognized more as equal citizens.