Abstrak
Nowadays, there is an uproar about the existence of the General Election Commission Regulation (PKPU Number 20 of 2018 concerning the nomination of Legislative Members. Finally PKPU has been signed by the Minister of Law and Human Rights Yasonna Laoly which was enacted in 2018. Where Article 4 paragraph 3 states that former convicts Drugs, sexual crimes against children and corruption should not be included.Though juridically the Law No. 8 of 2012 concerning the Election of members of the DPR, DPD, and DPRD has allowed former prisoners to become members of the DPR, DPD and DPRD with predetermined conditions. Former prisoners are people who have committed crimes or criminal acts and have served sentences.The status of ex-convicts as members of the DPR, DPD, and DPRD has received a lot of rejection from the community.This is based on the fact that former prisoners are morally disabled and not again trusted by the community, indeed to build a Legislative institution If it is credible and can be trusted by the people, its members should have moral integrity, intelligence (competence), and be a statesman, especially as members of the legislature are representatives of the people as holders of sovereignty. Based on this problem, the author wants to see from the perspective of Islamic political philosophy (Fiqh Siyasah) about the position of former prisoners to become legislators. Research is a literature study by examining the problems of former prisoners as legislative candidates. From the analysis that it is not found clearly about the status of prisoners to be legislators from the Qur'an and Sunnah whether or not they are allowed. But for the benefit of the people and credible institutions should be clean people. This means that in view of the Fiqh Siyasah the law of being a legislator is a mubah, if he has repented