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R. Nazriyah
Fakultas Hukum Universitas Islam Indonesia Jl. Tamansiswa No. 158 Yogyakarta
Humanities Law, Crime, Criminology & Criminal Justice Other

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Journal : Jurnal Konstitusi

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Pemberhentian Antar Waktu Anggota KPu (Analisis Putusan Mahkamah Konstitusi No. 80/Puu-Ix/2011) R. Nazriyah
Jurnal Konstitusi Vol 9, No 4 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (502.713 KB) | DOI: 10.31078/jk948

Abstract

The formulation of article 27 paragraph (1) letter b of Law Governing the election and article 27 paragraph (3) was considered discriminatory because it prohibits members of the general election commission to resign before the end of  his term. If resigned for reasons that cannot be accepted and being dishonorably  are required to reimburse the honor as much as 2 (two) times the accepted. That provision was filed judicial review to the Constitutional Court. The Constitutional Court states the phrase.... with an acceptable reason’ in article 27 paragraph (1) letter b and article 27 paragraph (3) of Law No. 15 of 2011 is contrary to the Constitution and has no binding legal force. The Constitutional Court also assess interpretation ‘acceptable reason’ it has narrowed  the  freedom  of  a  person  to  get a job and a better income in order to be better able to meet the right to life, sustaining live and  life.
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