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All Journal Journal of Contemporary Law Studies Ganec Swara
Zunaid Potutu
Universitas Negeri Gorontalo
Law, Crime, Criminology & Criminal Justice

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Implikasi Pelanggaran Kewenangan Hak Angket DPR Terhadap KPU: Studi Kasus Pada Pemilu Tahun 2024 Zunaid Potutu; Erman I. Rahim; Ahmad Ahmad
Journal of Contemporary Law Studies Vol. 3 No. 4 (2026): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i4.5958

Abstract

The House of Representatives’ (DPR) right of inquiry is a constitutional oversight instrument provided for in Article 20A(2) of the 1945 Constitution of the Republic of Indonesia. However, in the context of the 2024 General Election, the exercise of the right of inquiry against the General Election Commission (KPU) raises legal and democratic issues regarding the limits of authority and the legitimacy of its use. This study aims to analyze the implications of violations of the legitimacy of the DPR’s right of inquiry on the independence of the KPU and the integrity of the democratic process. The research method employed is normative legal research using a legislative, conceptual, and Constitutional Court decision-based approach. The results indicate that the exercise of the right of inquiry that is disproportionate, politically motivated, or fails to meet formal and material requirements has the potential to undermine the KPU’s independence, erode public trust in election results, and trigger conflicts of authority among state institutions. This study affirms that the DPR’s right of inquiry does not have the authority to annul election results, as that authority resides with the Constitutional Court. Therefore, the exercise of the right of inquiry must be conducted objectively and constitutionally to safeguard the continuity of democracy.
DAMPAK PENGESAHAN PERPPU CIPTAKER DALAM UNDANG-UNDANG NOMOR 6 TAHUN 2023 DITINJAU BERDASARKAN SYARAT BERAKHIRNYA PERATURAN PERUNDANG-UNDANGAN ZUNAID POTUTU
Ganec Swara Vol. 19 No. 1 (2025): Maret 2025
Publisher : Yayasan Al-Amin Qalbu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59896/gara.v19i1.181

Abstract

The impact of the ratification of the Job Creation Perppu into Law Number 6 of 2023 is very significant, especially in the context of the expiration of statutory provisions. Based on the decision of the Constitutional Court (MK) Number 91/PUU-XVIII/2020, the previous Job Creation Law was declared conditionally unconstitutional, with two years for substantial improvements. However, the government issued a Perppu on Job Creation which was later passed into law even though there was still time to make improvements. From a Sociology of Law perspective, this ratification shows dissatisfaction with the process of public participation and freedom of opinion, which are important conditions in the formation of legitimate and accepted laws. Research shows that Perppu No. 2 of 2022 which was amended into Law No. 6 of 2023 did not meet the requirements of compelling urgency stipulated in the law, thus raising questions about the legitimacy of the law and in the fairness of the legislative process.Overall, the ratification of the Job Creation Law creates challenges in the harmonization and synchronization of existing regulations, especially related to the rules of law formation stipulated in Law No. 12 of 2011. This suggests the need for further evaluation to ensure that the resulting law truly reflects the needs of society and the prevailing legal principles.
Co-Authors Ahmad Ahmad Erman I. Rahim