PENERBITAN SURAT KETERANGAN CATATAN KEPOLISIAN OLEH KEPOLISIAN TERHADAP CALON ANGGOTA LEGISLATIF YANG PERNAH MENJADI TERPIDANA BERDASARKAN P UTUSAN HAKIM BERKEKUATAN HUKUM TETAP (Studi Di Wilayah Hukum Polresta Pontianak)

In the provisions of Article 240 paragraph (1) letter g of Law Number 7 of 2017 concerning Elections and Article 7 paragraph (1) letter g of General Election Commission Regulation Number 20 of 2018 concerning Nomination of Members of the People's Representative Council, Provincial Regional People's Representative Council, and Regency/City Regional People's Representative Council, there is a provision which states that all prospective members of the DPR, Provincial DPRD, and Regency/City DPRD must fulfill the requirement of "never being sentenced to prison based on a court decision that has obtained permanent legal force for committing a criminal offense that is threatened with a prison sentence of 5 (five) years or more, unless openly and honestly stating to the public that the person concerned is a former convict." Proof that prospective members of the DPR, Provincial DPRD and Regency/City DPRD have never been convicted based on a court decision that has permanent legal force which is punishable by imprisonment for 5 (five) years or more by attaching a Police Record Certificate (SKCK). Police records are written records maintained by the National Police regarding someone who has committed an unlawful act or violated the law or is currently in the process of being prosecuted for an act he or she has committed. In practice, the SKCK is still issued by the Police, even though the applicant is a former prisoner who has been handed down a court decision that has permanent legal force and is threatened with imprisonment for 5 (five) years or more. In fact, the SKCK states that the person concerned has never been a convict. Meanwhile, the criminal records of former convicts are only police records which are stored in the Police database and are archived only. In fact, the provisions of Article 15 paragraph (2) letter b number 2 of the Republic of Indonesia State Police Regulation Number 6 of 2023 concerning the Issuance of Police Record Certificates (SKCK) clearly require that applicants have police records ...