PEMBATASAN HAK MANTAN NARAPIDANA UNTUK MENJADI APARATUR SIPIL NEGARA DIKAITKAN DENGAN HAK ASASI MANUSIA

Abstract

As we have encountered in the community life, there are so many exconvicts
who are not considered as even isolated in their own environment, the
law that should be an objective of improvement and prevention of acts that are not
good in its application becomes a reversal of the law, Human Rights and the
Basic Law The year 1945 seemed out of sync with the real life, which should have
created a sense of justice, equality, and civilization. The purpose of writing this
thesis, namely: First, to find out the impact of imprisonment on the rights of exconvicts
to become State Civil Apparatus. Second, to find out the appropriateness
of the limitation of the rights of ex-convicts to become a State Civil Apparatus
with Human Rights.
This type of research is normative legal research, because in this study the
authors conducted research in legal synchronization, data sources used,
secondary data, primary data and tertiary data, data collection techniques in this
study with the literature review method.
From the research results there are two main problems that can be
concluded. First, the Impact of Criminal Enforcement on the Rights of Former
Prisoners to Become a State Civil Apparatus, If the convicted person has
committed a crime in accordance with the sanctions given to him, then the
convicted person becomes an ordinary person / legal subject whose rights and
obligations must be returned. The purpose of criminal law is the imposition of
sanctions imprisonment for violations of criminal law in order to return to being a
respected member of society by carrying out imprisonment with a penal system
regulated in the Penitentiary Act. Second, the limitation of the rights of exconvicts
to become the state civil apparatus is very contrary to human rights, how
can they not, whereas the rights of everyone are highly guaranteed in human
rights, human rights have been regulated in the 1945 Constitution both in the
preamble as well as its torso, affirming that every citizen is equal in law and
government, and must uphold the law and government with no exceptions.
Keywords : Human Rights – Criminalization - Convict