印尼宪法法院对2019年总统选举争议中结构性、系统性和大规模违规行为的解释

Heru Widodo
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引用次数: 0

摘要

根据2019年印度尼西亚共和国总统和副总统候选人的选举结果,对候选人Pair 02 Prabowo Sandi的计票结果向宪法法院提出了反对意见。除了质疑误判的纠正外,还对基于结构化、系统性和大规模违规行为导致候选人失败的各种欺诈行为提出了反对意见。在这篇文章中,问题包括:(1)在选举结果争议中,结构化犯罪的法律方面是如何系统化和大规模的?(2) 针对选举违规和争议的执法规定是什么?(3) 《选举法》和《地区首长换届选举法》同时颁布后,宪法法院的裁决对取消资格有何解释?数据分析采用描述性定性,通过对法律材料与主题进行分类、比较和联系。结论是,针对同时发生的选举违规和争议的执法法规进行了各种改革,包括解决违规、犯罪行为和选举争议,包括解决有组织、系统和大规模的违规行为,同时加强机构并限制解决权力。在2019年总统和副总统选举中,对违反提名要求的可计量违法行为的执法权提交给选举监督机构,并通过国家行政法院提出争议。关于结构性、系统性和大规模违规行为,报告程序由Bawaslu(印尼语:Badan Pengawas-Pemilu)处理和决定。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Interpretation of Structured, Systematic, and Massive Violations in the 2019 Presidential Election Dispute at the Indonesian Constitutional Court
Based on the results of the election of candidates for President and Vice President of the Republic of Indonesia in 2019, an objection was submitted to the Constitutional Court over the results of the vote count by Candidate Pair 02 Prabowo-Sandi. Apart from questioning the correction of miscalculations, objections were also filed against various frauds that caused the candidate's defeat based on structured, systematic, and massive violations. In this article, the problems include: (1) How is the legal aspect of a structured offense, systematic and massive in disputes over election results? (2) What are the law enforcement regulations for election violations and disputes? (3) What is the interpretation of disqualification in the Constitutional Court Decision after the enactment of the Election Law and the Law on General Election of Regional Heads simultaneously? Data analysis used descriptive qualitative, by classifying, comparing, and linking legal materials with the subject matter. The conclusion is various reforms in law enforcement regulations for simultaneous election violations and disputes include the resolution of violations, criminal acts, and election disputes, including the resolution of structured, systematic, and massive violations, accompanied by strengthening of institutions and setting limits on the authority for settlement. In the 2019 Presidential and Vice-Presidential Election, the authority to enforce the law for measurable violations regarding the nomination requirements are submitted to the Election Supervisory Agency and disputed through the State Administrative Court. As for Structured, Systematic, and Massive violations, the reporting process is processed and decided by Bawaslu (Indonesian: Badan Pengawas Pemilu).
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