DILEMATIKA KEWENANGAN KOMISI PEMILIHAN UMUM DALAM MENYELENGGARAKAN PILKADA DAN PEMILU MENURUT UNDANG - UNDANG DASAR 1945

Abstract

The polemics that has arisen over the role of the KPU as well as the accountability of the Provincial KPUD and Regency / City KPU over the issuance of Law No. 32 of 2004 concerning Regional Government. After that, Law Number 22 Year 2007 concerning Election Organizers was born, changed to Law Number 15 of 2011 concerning Election Organizers and was last amended again to Law Number 7 of 2017 concerning General Elections. Article 18 paragraph (4) of the 1945 Constitution that "Governors, Regents, and Mayors respectively as Head of Regional Provinces, Regencies and Cities are democratically chosen. Therefore this study aims to explain the Authority of the Election Commission Against Election in Democratic Elections According to the 1945 Constitution. The research method used is normative juridical as the main method and empirical juridical as a supporting method, with the form of qualitative analysis, the data used in this study comes from primary and secondary data. Based on the results of the analysis and discussion concluded: First, in a legal concept according to Article 22E Paragraph (2) of the 1945 Constitution, the selection of Regional Heads and Deputy Regional Heads is not included in the General Elections, but in terms of Article 22E Paragraph (1), Elections because they are carried out directly, publicly, freely, secretly, honestly and fairly. In the legal concept, seen from Article 22E Paragraph (2) of the 1945 Constitution and Article 22E Paragraph (5) of the 1945 Constitution, in fact , the KPU is not authorized to hold elections for Regional Heads and Deputy Regional Heads, but substantially seen from Article 22E Paragraph (1), and practices the election of Regional Heads and Deputy Regional Heads conducted directly, publicly, freely, confidentially, honestly and fairly by itself can be held by the KPU. Secondly, the KPU should not carry out the Election of Heads of Regional Heads and Deputy Regional Heads, but it shall be carried out by the organizers of Local Elections as Special Pilkada in accordance with their respective regions.