Karya Ilmiah

DISERTASI (193) - Karakter Hukum Putusan Mahkamah Konstitusi Terhadap Sengketa Pilkada

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The Constitutional Court is the judicial power executor who is
independent to function as a guardian of the constitution, the final interpreter of
the Constitution, human rights protectors, protector of constitutional rights of
citizens, and protector of democracy. That authority; to decide disputes
concerning the results of the general election. The authority of the Constitutional
Court related to election disputes Article 24C of the Constitution, 1945. Since the
elections included in the electoral regime, the Law of the Republic of Indonesia
Number 10 Year 2016 On the Election of Governors, Regents and Mayors, based
on Article 157 of Law Number 10 Year 2016 on the Election of Governors,
Regents and Mayors declare that: (1) Case disputes Election results examined and
tried by the Special Courts. (2) The judicial authorities specifically referred to in
paragraph (1) is formed prior to the implementation of the national Electoral
simultaneously. (3) Case disputes the determination of votes final stages Election
results examined and tried by the Constitutional Court until the establishment of a
special judicial body. Case directly related to results of vote count recapitulation
under the authority of the Constitutional Court. The dispute settlement ruling
Results of the elections in the Constitutional Court based on the belief
constitutional judges after assessing the evidence submitted by the parties. The
authority of the Constitutional Court in the elections and that is to decide the
election vote count results. The Constitutional Court through interpretation has
created a new norm in election case verdict. Court ruling has expanded the scope
of authority in resolving election disputes through the electoral process. Verdict
was not limited to that specified in the legislation. Confidence judge constitution
for proving the interpretation made by the Constitutional Court on the scope of
authority of the Constitutional Court in resolving election disputes. The legal
consequences of the decision of the Constitutional Court are final and binding as a
functioning state institutions for handling the case in the field of public
administration, in order to maintain the constitution to be implemented in a
responsible manner in accordance with the will of the people and democratic
ideals.
Based on the findings of the dissertation suggested three, namely: 1. The
Constitutional Court in resolving election disputes that lead to a legal vacuum; 2.
The decision of the constitutional court against the principle of judicial election
disputes Fast, Simple and Free Shipping and character of a decision in election
disputes that is set to be final and binding verdict; 3. The closing of access to legal
remedies as well as against the constitution because apart exceeded its authority to
decide election disputes with the holding of the voting and the counting of vote
Keywords: Dispute Election Results, the Constitutional Court, Decision final and
binding

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Ketersediaan

031170109

193 Tat k

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

193 Tat k

Penerbit

Surabaya : Fakultas Hukum Unair., 2017

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

PILKADA

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

Komentar

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