KEDUDUKAN HAK MEMILIH BAGI DISABILITAS GANGGUAN JIWA/INGATAN DALAM PEMILIHAN UMUM (ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 135/PUU-XIII/2015

Abstract

Constitutional rights are the authority possessed by a person to obtain or do something in accordance with the 1945 Constitution of the Republic of Indonesia. This also applies to those who experience physical, intellectual, mental and/or sensory limitations, as stated in the Constitutional Court Decision. Number 135/PUU-XIII/2015. Types of normative legal research. Source of data used primary data, secondary data and tertiary data. The data collection technique used was document study, qualitative data analysis. 1) Legal arrangements for the right to vote for persons with mental disabilities in general elections are regulated in the 1945 Constitution of the Republic of Indonesia, Law Number 39 of 1999 concerning Human Rights, Law Number 36 of 2009 concerning Health, Law Number 8 Year 2016 concerning Persons with Disabilities, Election Commission Regulation Number 37 of 2018. 2) Classification of Persons with Disabilities with Mental Disabilities in the Use of Voting Rights in General Elections are all persons with mental disabilities except those with permanent mental disorders 3) Analysis of Constitutional Court Decision Number 135/ PUU/XII 2015 is the Panel of Judges' consideration that the word "moderate" in the phrase being mentally disturbed indicates transience.