Legal Protection of Political Rights of Persons with Disabilities to be Elected as Candidates for Members of the House of Representatives in General Elections: A Comparative Study between Kenya and Indonesia
DOI:
https://doi.org/10.18533/jah.v10i6.2130Keywords:
Keywords: Legal protection, Political rights , Persons with disabilities, General election.Abstract
In this article, the researchers examine the legal protection of the political rights of persons with disabilities to become members of the House of Representatives in Kenya and Indonesia using a statute approach and a comparative law approach. This study aims to find a good and responsive form of legal protection to fulfil and enforce the political rights of persons with disabilities to be elected as candidates for members of the House of Representatives by comparing the Constitution and the General Election Law in force in Kenya and Indonesia. The statutory regulations as the objects of this study are the Constitution of Kenya of 2010, the Election Act of Kenya No. 24 of 2011, the 1945 Constitution of the Republic of Indonesia, and the Law of Republic of Indonesia No. 7 of 2017 about the General Election. This comparison allows the researchers to implement a legal construction of the Law of the Republic of Indonesia No. 7 of 2017 on the General Election. This can provide legal certainty and justice for the fulfilment and enforcement of political rights for persons with disabilities to be elected as candidates for members of the Indonesian Parliament or the House of Representatives (Provincial or Regional/City) in a democratic and just General Election.
Downloads
Published
Issue
Section
License
Copyright (c) 2021 Ferdinandus Ngau Lobo, Istislam, Aan Eko Widiarto, Setyo Widagdo
This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).