Transition Of Authority Judicial Institutions Simultaneous National Elections 2024 (original) (raw)

Constitutionality of constitutional settlement of disputes for the election of local heads

Jurnal Cakrawala Hukum

The authority to adjudicate disputes over the results of regional head elections continues to experience a shift in the judiciary. The delegation of authority to judge to the courts caused a polemic when the Pilkada was returned to the electoral regime, considering that the handover of auto power he the Special Courts Agency was based on the Constitutional Court's decision that the Regional Head Elections was a not General Election regime but the Regional Head Election regime. The purpose of this study is to describe the dynamics and the basis for the constitutionality of the authority to try it. The survey results stated that the judiciary's regulation on the settlement of ciary experienced three shifts, namely from the Supreme Court, the Constitutional Court, and the Special Courts Agency. However, the Special Courts Agency payment is unconstitutional because it is not a judicial institution that is explicitly and directly by the Constitution. The compensation of the amoun...

The Phenomenon of Dynastic Politics Following Constitutional Court Decision Number 33/PUU-XIII/2015

2021

This research aims at breaking down the dynamics of dynastic politics after the 2020 simultaneous general election and the dynamics between the nomination of regional heads and dynastic politics following the issuance of the Constitutional Court No. 33/PUU-XIII/2005. The research found that this local politics phenomenon is triggered by the policy on regional autonomy and decentralization after reformation in bringing about new groups with family ties at local levels who occupy positions in the government. Going by the excuses of freedom and human rights, the groups in this dynastic politics have seen a gradual increase in quantity over time. This increase happened after the Constitutional Court decision No. 33/PUU-XIII/2015 ruled in their favor. In the ruling, the Court took human rights into their main consideration for lifting the ban on the dynastic politics law, which in Article 7 (r) UU 1/2015 may give the impression that the right to political participation is removed.

The Ideological Study of Judicials From The Formal Centralistis to The Legal Pluralism (Analysis of the Meaning of Judge on Article 5 paragraph (1) of Law Number 48 Year 2009 on Judicial Power)

JURNAL CITA HUKUM

Article 5 (1) of Law Number 48 Year 2009 concerning Judicial Power becomes ineffective if acentralistic ideology still working in view of the judge. The type of study used in this researchwas a non-doctrinal legal studies (sociolegal research). Research conducted in the DistrictCourt and Religious Court in Madura based on the judges perception by meaning of article 5paragraph (1) law 48/2009 and justices consideration to verdict making process. The resultsshowing the judges majority interpret the Article 5, paragraph 1 Law 28/2009 to legaldiscovery (rechtsvinding) as an efforts if a legal vacuum, otherwise the judges did notinterpret used living law when there are legal gaps. Thus showing domination of the state lawover the law that lives in society. DOI: 10.15408/jch.v5i2.4190

Legal Analysis of the Establishment of a Special Electoral Court as an Independent State Institution

Jurnal Hukum Volkgeist, 2021

Article 24 of the 1945 Constitution only on structure but not on institutional functions where there are still many institutions/agencies in the government that carry out judicial functions. The regulation has led to the emergence of several independent institutions to carry out judicial functions, one of which is a special election court. The research used is normative research with an approach that focuses on the theoretical approach, the statutory approach, the case approach and is described in a qualitative descriptive form. The special election judiciary as an independent institution that will be formed is again from the law that aspires to, namely an institution that is free from intervention and can carry out judicial functions and disputes over the results of the elections. This special court is under the jurisdiction of the Supreme Court and will take the form of ad hoc. Its authority is to examine and adjudicate disputes over election results.

Unconstitutional Authority of Indonesia's Constitutional Court: The Resolution of Pilkada Result Disputes

Election Law Journal: Rules, Politics, and Policy

Since the Era Reformasi, Indonesia has continued to progressively take shape as a young democracy. Among the most evident democratic development processes in Indonesia are the elections for the heads of local government. These elections, or ''Pilkada,'' have been a topic of conversation and controversy for the national government since 2002, and, most recently, the national government amended the local election laws to mandate that all Pilkada be synchronized by the year 2024. While this initiative is complicated enough, it also further complicates a preexisting jurisdictional debate over election issues in the courts. Specifically, the authority to hear disputes over the results of the Pilkada currently lies with the Constitutional Court of Indonesia, but the Court has a ruling that deems this authority unconstitutional. Based on the country's national political structure, the national legislature has to implement this decision into statutory law to give it full effect. To date, the national legislature has not taken the steps necessary to do so. With so much controversy surrounding the Pilkada in Indonesia, this article attempts to explain how the local elections are structured, what a result dispute really is, and how the Constitutional Court is currently handling the cases. Most importantly, this research identifies how the political structure of the country creates a gap between constitutional interpretation and legislative implementation. The research for this article was a combination of exploratory and empirical, with support from Pusat Studi Konstitusi (PUSaKO) of Fakultas Hukum Universitas Andalas as well as the Constitutional Court of Indonesia. This article is meant to be an in-depth description of the local election structure, with an analysis of the legal issues that arise from jurisdiction over the result dispute cases. Therefore, the article begins with a brief explanation of the Constitutional Court of Indonesia followed by an explanation of the election process itself. The article then shifts to focus on how the Court handles the disputes, with data from the Court as well as interviews from sitting Justices of the Constitutional Court. The article then concludes with an analysis of the major legal issues that remain.

Stages of Legislation Development Regarding Court Review of Disputes Regarding the Actions (Decisions) of Election Commissions

CERN European Organization for Nuclear Research - Zenodo, 2022

According to the legislation of Uzbekistan, the electoral rights of citizens are guaranteed and this guarantee can be implemented in two ways. These are administrative and judicial protection. Protection of citizens' electoral rights in court, more precisely in administrative court, is aimed at restoring rights violated as a result of illegal actions and decisions of election commissions. The procedure for hearing cases in court regarding the actions (decisions) of the election commission has a history of effective development. In this article, the development of the court consideration of disputes over the actions (decisions) of election commissions is analyzed by periods, their specific features are justified, and noteworthy aspects for its further development are proposed.

Legal Pollution of Dispute Settlement Results of Regional Head Selection Realizing the Election Justice

International Journal of Social Science and Human Research, 2021

The implementation of direct regional head elections in the regions often raises disputes regarding the determination of the results of the vote. Efforts made by candidates who are dissatisfied with this determination are to submit a cancellation to the judicial institution. The update on the system for resolving the election results was carried out by the government to overcome this problem, namely the Government Regulation in Lieu of Law No. 1 of 2014. Problems discussed in this study include: how the dispute resolution mechanism was issued before the regulation, what updates are contained in the regulation how to achieve effective and fair election outcome dispute resolution. This study is a normative legal research that is descriptive in nature using a legal and analytical approach. Based on the results of the study, it can be concluded that the fundamental renewal lies with the institution authorized to handle, namely from the Constitutional Court to the High Court appointed by...

Racio Decidendi Constitutional Court Ruling Resolving Disputes in Regional Head Election Results 2015 Concurrent in East Java Indonesia

Public Policy and Administration Research, 2017

This research seeks to analyze and find racio decidendi Constitutional Court Decision Resolving Disputes in Regional Head Election Results Live, especially in East Java. There are three legal issues raised, namely: (1) racio decidendi Constitutional Court decisions; (2) The applicant juridical arguments and the Constitutional Court; and (3) Implications of Constitutional Court decisions. This research method using legal research methods to approach concepts, the normative approach and the approach of the case.The study found that racio decidendi Constitutional Court Decision Resolving Disputes in Regional Head Election Results Live in East Java, based on a cumulative requirement for the applicant to be able to apply for cases of disputes the determination of votes on election refers to Law No.8 / 2015 on the election of Governors, Regents and Mayors, which rests on four (4) terms, namely; (I) the deadline for filing the petition; (Ii) the applicant's legal standing; (Iii) relate...

Legal analysis of the election process of the judges of the Constitutional Tribunal in the autum of 2015

Iustum Auquum Salutare nr 1, 2017

By adopting the Act of 25 June 2015 with Article 137 in the nal months of its term, theseventh Sejm sought legal grounds allowing the PO–PSL coalition to ll all places atthe Tribunal that were vacated in 2015. According to the derogated legal state, the PO– PSL coalition could ll no position vacated at the CT in 2015 sooner than mid-October.President Komorowski endorsed the legislative manipulation described here by his refusal to leave the decision to call parliamentary elections to a new President. By thatdecision he wanted to provide a convenient time frame for the PO–PSL coalition to make a grab for the Tribunal. The Constitutional Tribunal became involved in that process which sought to installat least three candidates from the nominees selected by PO for the Tribunal. The Tribunal took that action despite the fact that the Sejm found the October election to belegally invalid. Contrary to the judgment of 3 December 2015, attempts are being madeto make public opinion and the world of politics believe that the Tribunal upheld thelegality of the judicial election in October 2015; to that end, resort is made to selected arguments in the statements of reasons. In the scrutiny procedure launched by a group of Sejm deputies the Constitutional Tribunal is a court of law, not a court of facts. The Tribunal has no powers to review the process of selecting the judges by the Sejm. During the proceedings in which it passed the judgment case no. K 34/15, it could only rule on the constitutionality of a general and abstract legal norm

Regulation on the Authority to Address the Determination of Village Head Election Results as the Object of State Administrative Disputes Has Not Been Based on Justice Value

Journal of Social Research

As for the definition according to Law Number 5 of 1986 article 4, the State Administrative Court is one of the executors of judicial power for the people seeking justice for State Administrative disputes. Apart from the State Administrative Court, other courts as executors of judicial power in Indonesia based on Law Number 48 of 2009 concerning Judicial Power, are the General Court, the Religious Court and the Military Court which culminate in the Supreme Court, as well as an independent Constitutional Court. The type of research used in this research is analytical descriptive. Descriptive research is a form of research aimed at describing existing phenomena, both natural phenomena and man-made phenomena. Judges in being accountable for decisions often also seek support from jurisprudence and science. Seeking support in jurisprudence does not mean that a judge is bound by or has to follow decisions regarding similar cases that have been handed down by the Supreme Court and the Cou...