2008年第42号《总选举法》的司法审查分析及其对2019年同时选举的影响

Joel Dharma Utama, Indra Perwira, Ali Abdurrahman
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摘要

宪法法院(MK)是印度尼西亚宪法体系中的一个高级国家机构,根据2003年第4号法律第1条,它与最高法院一起拥有司法权。行使独立的司法权,实现司法公正、执法公正。根据1945年《宪法》,宪法法院具有根据宪法进行审判和审查法律的权力,也就是说,它是宪法的守护者。普选每五年举行一次,选出一对总统/副总统候选人和立法委员。印度尼西亚目前在这两个选举之间在一天内同时举行选举,这与前几年的选举不同。国民关注的一个问题是,2019年同时举行的选举似乎没有达到他们的期望。同时进行选举的原因是,要求宪法裁判所取消选举制度的运动圈和团体增多。总统和议会选举分别举行。宪法裁判所也根据各种决定方面进行了多次审议,但对这些审议的期待并没有在2019年实现公正和正确的议会选举。因此,笔者对宪法法院在议会选举执行材料司法审查中的权威及其对2019年选举的影响进行了分析。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Judicial Review Analysis of the General Election Law Number 42 of 2008 and Implications for the 2019 Simultaneous Elections
The Constitutional Court (MK) is a high state institution in the Indonesian constitutional system that holds judicial power with the Supreme Court according to Law No. 4 of 2003 article 1. It executes independent judicial power for the administration of justice for law enforcement and equity. As stated by the 1945 Constitution, the Constitutional Court has the authority to adjudicate to examine laws toward the Constitution or, in other words, it functions as a guardian of the Constitution. General Elections are held once every five years to elect pairs of candidates for president/vice president and legislative members. Indonesia currently holds elections simultaneously between these two elections in one day, in contrast to the elections in previous years. One thing that catches the public's attention is that the holding of simultaneous elections in 2019 is felt to have not met their expectations. The origin of the simultaneous elections was caused by the number of activists and circles requesting the Constitutional Court to cancel the norm. The presidential and legislative elections were held separately. Then, the Constitutional Court decision Number 14/PUU-XI/2013 affirms that the legislative and presidential elections must be concurrent and interprets the elections held separately as Unconstitutional stated by the 1945 Constitution. Several Constitutional Court considerations were also given in line with various decision aspects, but the expectation of these considerations did not reach an upright and correct general election in 2019. Therefore, the author is interested in writing about the analysis of the Authority of the Constitutional Court in Judicial Review of General Election Implementation Materials and Implications for the 2019 Election.
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