{"title":"The Authority Enhancement of The Election Supervisory Agency Post The Enforcement of Law Number 7 of 2017 Regarding General Election","authors":"Dwi Zaen Prasetyo","doi":"10.25041/constitutionale.v3i2.2745","DOIUrl":null,"url":null,"abstract":"The implementation of elections in Indonesia has its own characteristics, where the regulation of the implementation of these simultaneous elections is set to be one in Law No. 7 of 2017 on General Elections. In addition, this Act also gives the Electoral Observer quasi-judicial authority in the process of dealing with administrative and arbitrary violations of the Electoral Process, with sanctions granted through an Electoral Observer Decision. It attracted the authors to do research on the electoral supervisory authorities that are experiencing enlargement and loading and to see the implications of quasi-judicial authority granted through several case analyses. This study aims to analyze the issues of (a) the form of authority enhancement given to Bawaslu, and (b) the implementation of Bawaslu's authority in its effort of handling election violation and resolving election disputes in Lampung Province according to Law No. 7 Year 2017 regarding the General Election. The methods used in this research is a normative-empirical law study. Data sources of this research are primary, secondary and tertiary law objects using qualitative analysis method. The result obtained from this research shows enhancement of election supervisor's authority in the areas of: First, handling process of election criminal violation; Second, the handling of election organizers' ethical code violation; Third, the handling of election administration violation; Fourth, election process dispute resolution. The enhancement of Bawaslu's authority that became a characteristic is that it is given quasi judicial in handling administrative violation and election process dispute that can be seen in 4 (four) election regimes.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Constitutionale","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.25041/constitutionale.v3i2.2745","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
The implementation of elections in Indonesia has its own characteristics, where the regulation of the implementation of these simultaneous elections is set to be one in Law No. 7 of 2017 on General Elections. In addition, this Act also gives the Electoral Observer quasi-judicial authority in the process of dealing with administrative and arbitrary violations of the Electoral Process, with sanctions granted through an Electoral Observer Decision. It attracted the authors to do research on the electoral supervisory authorities that are experiencing enlargement and loading and to see the implications of quasi-judicial authority granted through several case analyses. This study aims to analyze the issues of (a) the form of authority enhancement given to Bawaslu, and (b) the implementation of Bawaslu's authority in its effort of handling election violation and resolving election disputes in Lampung Province according to Law No. 7 Year 2017 regarding the General Election. The methods used in this research is a normative-empirical law study. Data sources of this research are primary, secondary and tertiary law objects using qualitative analysis method. The result obtained from this research shows enhancement of election supervisor's authority in the areas of: First, handling process of election criminal violation; Second, the handling of election organizers' ethical code violation; Third, the handling of election administration violation; Fourth, election process dispute resolution. The enhancement of Bawaslu's authority that became a characteristic is that it is given quasi judicial in handling administrative violation and election process dispute that can be seen in 4 (four) election regimes.