Legal Politics of Holding the 2024 Elections the Absolute and Ideal and Constitutional

Muhammad Zulhidayat, Rosi Mirnawati, Amina Intes, Uwe Barroso, Elladdadi Mark
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Abstract

Background. The holding of simultaneous elections on April 17 2019 is a new history in the general election process in Indonesia. This is an implication of the Constitutional Court Decision Number 14/PUU/2013 in the case of reviewing Law Number 42 of 2008 concerning the General Election of the President and Vice President. Even though the simultaneous elections have been judged to be better than the previous elections, it does not mean that they do not have deficiencies in their implementation. Purpose. The most shocking problem was the large number of fatalities by election organizers which were considered to be the impact of the 2019 simultaneous election and other technical problems. Method. Looking at the various sides that emerged from the 2019 elections, the Association for Elections and Democracy (Perludem) conducted a judicial review of the 1945 Constitution to the Constitutional Court as outlined in the Constitutional Court Decision Number 55/PUU-XVII/2019. Results. In his argument, the applicant conveyed a number of things related to the analysis that had been carried out in the implementation of the simultaneous elections which were held in 2019 yesterday. In the results of this decision, the Constitutional Court reject the applicant's application in its entirety because it is considered that the application has no legal grounds. Conclusion. However, the Constitutional Court provided options related to simultaneous election models that can be selected and considered constitutional based on the 1945 Constitution.  
2024年选举的绝对、理想、宪政的法律政治
背景。2019年4月17日举行的同步选举是印度尼西亚大选进程的新历史。这是宪法法院在审查关于总统和副总统大选的2008年第42号法律的案件中第14/PUU/2013号判决的含义。尽管同时进行的选举被认为比以前的选举好,但这并不意味着它们在执行方面没有缺陷。最令人震惊的问题是选举组织者的大量死亡,这被认为是2019年同步选举和其他技术问题的影响。考虑到2019年选举中出现的各方,选举与民主协会(Perludem)按照宪法法院第55/PUU-XVII/2019号决定的规定,向宪法法院对1945年《宪法》进行了司法审查。在他的论点中,申请人传达了一些与昨天在2019年举行的同时举行的选举实施中进行的分析有关的事情。在这一决定的结果中,宪法法院完全驳回了申请人的申请,因为它认为该申请没有法律依据。但是,宪法裁判所提出了以1945年《宪法》为基础,可以选择并被认为符合宪法的同时选举模式的备选方案。
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