基于大法院第1号判决书P/PAP/2021的选举过程中地区候选人的法律保护

Q4 Social Sciences

Journal of Social Research and Policy Pub Date : 2023-08-24 DOI:10.55324/josr.v2i9.1389

W. Nugraha

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引用次数: 0

摘要

这篇文章是为了了解根据最高法院第1号P/Pap/2021号决定在选举过程中对地区首长候选人的法律保护而写的。本研究采用文献法(图书馆研究法)，以法律法规和决策为研究对象。本研究研究的问题是:(1)KPU在印度尼西亚执行选举过程中的权威是什么?(2)根据最高法院第1 P/PAP/2021号决定，在选举过程中对地区首长候选人的法律保护是什么?得出的结论是:(1)在印度尼西亚进行选举过程中，根据2017年关于大选的第7号法律第13条，KPU被赋予归因权，KPU主要发挥执行裁决机构(司法和准司法)发布的命令的作用。KPU也有权执行Bawaslu和DKPP做出的决定，跟进Bawaslu的建议，并在最高法院内执行MK和司法决定。(2)对地区领导人候选人的法律保护，即使用2016年第10号法律第135A条第(6)款的法律依据审查争议的法官小组。这一条款是对因选举过程中选举委员会的决定而宪法权利受到损害和侵犯的地区首长候选人的一种法律保护，即通过大法院采取法律行动。法律努力的结果可能是KPU的决定被废除，KPU的决定被宣布无效。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Legal Protection of Candidate Head of Regions in the General Election Process Based on Supreme Court Decision Number 1 P/PAP/2021

This writing was written to understand the legal protection of candidates for regional heads in the election process based on Supreme Court Decision Number 1 P/Pap/2021. This study uses the method of literature (library research) and uses laws and regulations as well as decisions as research objects studied. The problems studied in this study are (1) What is the authority of the KPU in carrying out the election process in Indonesia? and (2) What is the legal protection for Regional Head Candidates in the election process based on Supreme Court Decision Number: 1 P/PAP/2021? The conclusions obtained are (1) In carrying out the election process in Indonesia, the KPU is given attributional authority based on Article 13 of Law Number 7 of 2017 concerning General Elections, the KPU which principally plays the role of executing orders issued by adjudication agencies (both judicial and quasi-judicial). The KPU also has the authority to implement decisions made by Bawaslu and DKPP, follow up on Bawaslu recommendations, and implement MK and judicial decisions within the Supreme Court, (2) Legal protection for Candidates for Regional Heads, namely the Panel of Judges who examine disputes using the legal basis of Article 135A paragraph (6) Law Number 10 of 2016. This article is a form of legal protection for candidates for regional heads whose constitutional rights have been harmed and violated as a result of the issuance of a KPU decision in the election process, namely by taking legal action through the Supreme Court. The result of the legal effort can be in the form of an annulment of the KPU's decision, and the KPU's decision is declared null and void.

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来源期刊

Journal of Social Research and Policy Social Sciences-Sociology and Political Science

CiteScore

0.30

自引率

0.00%

发文量

审稿时长

8 weeks

期刊介绍： Welfare states have made well-being one of the main focuses of public policies. Social policies entail, however, complicated, and sometimes almost insurmountable, issues of prioritization, measurement, problem evaluation or strategic and technical decision making concerning aim-setting or finding the most adequate means to ends. Given the pressures to effectiveness it is no wonder that the last several decades have witnessed the imposition of research-based social policies as standard as well as the development of policy-oriented research methodologies. Legitimate social policies are, in this context, more and more dependent on the accurate use of diagnostic methods, of sophisticated program evaluation approaches, of benchmarking and so on. Inspired by this acute interest, our journal aims to host primarily articles based on policy research and methodological approaches of policy topics. Our journal is open to sociologically informed contributions from anthropologists, psychologists, statisticians, economists, historians and political scientists. General theoretical papers are also welcomed if do not deviate from the interests stated above. The editors also welcome reviews of books that are relevant to the topics covered in the journal.