Jakarta – The Constitutional Court partially scrapped Tuesday two articles in the 2008 legislative election law, effectively allowing former convicts jailed for serious crimes to contest the legislative elections.

In its ruling, reminiscent of the court's bold move to reinstate the right of ex-communists to contest official posts in 2004, the panel of judges deemed the restriction of ex-convicts' political rights imposed in Articles 12 and 50 of the election law was discriminatory and unfair, and therefore violated the Constitution.

According to the ruling, former convicts can run for office five years after they finish serving their sentences. The ruling also requires the former convicts not to conceal their criminal track records.

"In order for people to be critical of the candidates they will elect, there must be a provision that requires candidates who have served jail sentences of five years or longer to openly explain to the public who they are," the ruling reads.

The court, however, exempted former convicts jailed for the same crime several times, or those sentenced for treason or serious crimes that endangered state unity.

"This must be clearly stated, in order that the court will not disqualify them (ex-convicts) when they assume legislative posts," said court chief Mahfud M.D.

The court heard a judicial review demanded by an Indonesian Democratic Party of Struggle (PDI-P) member, Robertus, whose bid for a legislative seat in the Lahat, South Sumatra, legislative council was denied due to his past serious criminal offense. Robertus was imprisoned for nine years and eight months, and was released in 1981.

The ruling upheld the Lahat elections commission's decision to disqualify Robertus from running for the legislative post.

Following the ruling, the court asked legislators to revise all laws that discriminated against former convicts, whom the judges said were entitled to their political rights, including the right to contest for public office, as guaranteed by the Constitution.

"We encourage lawmakers to seriously review all laws that restrict the rights of former convicts to take up public office," the court said.

The controversy over problematic legislative candidates was sparked after the House of Representatives endorsed the election bill in 2003 that allowed candidates implicated in criminal cases to contest the elections.

Lawmakers argued that criminal investigations could not force candidates to forfeit their political rights, citing the principle of presumption of innocence.

Corruption watchdogs and human rights groups have since then intensified their campaign against candidates whose track records have been marred by graft and gross human rights violations.