HasanuddinLawReview
Volume 4 Issue 1, April 2018
P-ISSN: 2442-9880, E-ISSN: 2442-9899
Nationally Accredited Journal, Decree No. 32a/E/KPT/2017.
This work is available at: Microsoft Academic Search.
41
The Restriction of Suffrage in the Perspective of Fair
Election in Indonesia
Khairul Fahmi
1
, Zainal Arifin Mochtar
2
, Saldi Isra
3
, Zulkifli Aspan
4
1
Faculty of Law, Andalas University, Indonesia. Email: fahmihukum@gmail.com
2
Faculty of Law, Gadjah Mada University, Indonesia. Email: zainalarifinmochtar@yahoo.com
3
Faculty of Law, Andalas University, Indonesia. Email: saldiisra@yahoo.com
2
Faculty of Law, Hasanuddin University, Indonesia. Email: zulkifliaspan@gmail.com
ARTICLE INFO ABSTRACT
Keywords:
Election; Fair Election;
Regulation; Restriction of
Suffrage
How to cite:
Fahmi, K., Mochtar, Z.A.,
Isra, S., and Aspan, Z.
(2018). The Restriction of
Suffrage in the Perspective
of Fair Election in
Indonesia. Hasanuddin Law
Review, 4(1): 41-53
DOI:
10.20956/halrev.v4i1.1405
In order to ensure the suffrage of citizens is implemented according to
the principle of fair election, regulations on general and local elections
may contain various kinds of restriction of suffrage. The rights to vote
as well as be voted must be restricted in a way that the process of
election may run seamlessly and generate a government capable of
exercising the mandate of the people. However, such restriction must
be performed in a fair and proportionate manner. The restriction must
not cause uncertainty or even distinction of treatment towards the
citizens. By means of normative legal research, this research comes to
a conclusion that restriction of suffrage in general and local elections
have yet been performed fairly. Legal uncertainty in the restriction of
suffrage still occurs. Simultaneously, different treatment towards
citizens who intend to nominate themselves is still contained in the
norms related to the requirements to vote and be voted.
Copyright © 2018 HALREV. All rights reserved.
1. Introduction
The legal framework of election is an imperative instrument to achieving fair election.
A fair election will be achieved when election regulation is well-drafted. The word ‘well’
means the regulation is free from disharmony and does not contain norms that treats
citizens and voters partially. Pertaining to this, International IDEA proposes that the
justice of election is comprehended as the well running of elections processes according
to regulations and the availability of mechanisms for the settlement of election disputes
and violations within some designated time.