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Miftakhul Huda
Redaksi Majalah Konstitusi Jl. Medan Merdeka Barat No. 6 Jakarta
Humanities Law, Crime, Criminology & Criminal Justice Other

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Pola Pelanggaran Pemilukada dan Perluasan Keadilan Substantif Miftakhul Huda
Jurnal Konstitusi Vol 8, No 2 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (586.986 KB) | DOI: 10.31078/jk826

Abstract

The pattern of direct elections of regional head and the Constitutional Court practices in adjudicate disputes local elections have been developed rapidly. Some of violations color the elections of regional head. They were the mobilization and partiality of Civil Servants,  abuse  of office, facilities, and state budget  by  the  incumbent  candidate,  and  the practice of money politics. The systematic, structured as well as massive violations generally results reelected vote with a final decision or interlocutory preceded. More than that, various violations of further stages of the General Election was also assessed based on the principle of free   and fair election so that the decision of the Court has eigh models based   on similar characteristics.The paradigm of substantive  justice  made  procedural  rules  does  not open the opportunity for justice. It drives the role of the Constitutional Court put the final determinant of local democracy which is still colored  by piracy and fraud. Constitutional Court justices are not only expand but also strengthen democracy  that  took  place  so  as  not  limited  to procedural democracy. With this, the examination is very extensive; the free encyclopedias assess weight and  sanction  violations.  Paradigm  has evolved to be followed by the ratio decidendi constancy previous decisions and anticipate the variety of sanctions violations by designing the right to justice  itself.
Pola Pelanggaran Pemilukada dan Perluasan Keadilan Substantif Miftakhul Huda
Jurnal Konstitusi Vol 8, No 2 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (586.986 KB) | DOI: 10.31078/jk826

Abstract

The pattern of direct elections of regional head and the Constitutional Court practices in adjudicate disputes local elections have been developed rapidly. Some of violations color the elections of regional head. They were the mobilization and partiality of Civil Servants,  abuse  of office, facilities, and state budget  by  the  incumbent  candidate,  and  the practice of money politics. The systematic, structured as well as massive violations generally results reelected vote with a final decision or interlocutory preceded. More than that, various violations of further stages of the General Election was also assessed based on the principle of free   and fair election so that the decision of the Court has eigh models based   on similar characteristics.The paradigm of substantive  justice  made  procedural  rules  does  not open the opportunity for justice. It drives the role of the Constitutional Court put the final determinant of local democracy which is still colored  by piracy and fraud. Constitutional Court justices are not only expand but also strengthen democracy  that  took  place  so  as  not  limited  to procedural democracy. With this, the examination is very extensive; the free encyclopedias assess weight and  sanction  violations.  Paradigm  has evolved to be followed by the ratio decidendi constancy previous decisions and anticipate the variety of sanctions violations by designing the right to justice  itself.
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