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R. Nazriyah
Universitas Muhammadiyah Gresik Jl. Sumatera No. 101 GKB Gresik
Humanities Law, Crime, Criminology & Criminal Justice Other

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Calon Tunggal dalam Pilkada Serentak Tahun 2015 terhadap Putusan Mahkamah Konstitusi No 100/PUU-XIII/2015 R. Nazriyah
Jurnal Konstitusi Vol 13, No 2 (2016)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (449.393 KB) | DOI: 10.31078/jk1327

Abstract

The phenomenon of a pair-single candidate threatens delays in the implementation of simultaneous Regional Head Elections in some districts until 2017. Although the Commission extends the registration period of candidates to avoid the delay of elections simultaneously, there are still some districts that have a single candidate. The law on elections has not set the provisions definitely regarding what should be done if there is the phenomenon of a single candidate. Finally the parties who feel aggrieved the rights had filed a judicial election law to the Constitutional Court (MK) to find solutions to these issues. In its decision, the Court considered that the Act mandates the election as the executor of the sovereignty of the people to elect regional heads directly and democratically. Thus, the local elections should ensure the realization of the highest power in the hands of the people. In addition, the Court also considers the formulation of norms of Law No. 8 of 2015, which requires the presence of more than one pair of candidates does not provide a solution, which led to the legal vacuum. This can result in absent of holding the elections. Local elections which are only followed by a single pair of candidates, the mechanism selection is to determine whether the “Agree”  or “Disagree” with   the prospective partner. If it turns out the people’s voice is more to select “Agree” then the candidate is designated as regional head and deputy head of the selected district. Conversely, if it turns out the people’s voice is more to select “Disagree” then in such circumstances the election is postponed until the next local elections simultaneously.
Penyelesaian Sengketa Pilkada Setelah Putusan Mahkamah Konstitusi Nomor 97/PUU-XI/2013 R. Nazriyah
Jurnal Konstitusi Vol 12, No 3 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (464.492 KB) | DOI: 10.31078/jk1232

Abstract

The problem to be studied in this paper is which body has the authority to resolve election disputes after the decision of the Constitutional Court? What  are the considerations that the court overturned its own authority to resolve dispute elections? Based on the results of analysis it can be concluded that; first, based on the decision No. 97 / PUU-XI / 2013 of the Constitutional Court, it is considered that, “... the legislators are also able to determine that direct elections were not part of  the formal Election as mentioned in section 22E of the 1945 Constitution. So that the dispute of the result is determined as an additional authority of the Supreme Court .. . “The second, the most appropriate agency to handle election disputes is the Supreme Court, which then delegates to the High Court in each region. If litigants are not satisfied with the decision of the High Court, they may appeal to  the Supreme Court. Meanwhile, Law No. 1 2015 About Election of governors, regents, and mayors, was handed over to the Constitutional Court (although temporary) to resolve the election disputes. Therefore, it is immediate to establish regulations particularly the governing competent institution to resolve election disputes.
Calon Tunggal dalam Pilkada Serentak Tahun 2015 terhadap Putusan Mahkamah Konstitusi No 100/PUU-XIII/2015 R. Nazriyah
Jurnal Konstitusi Vol 13, No 2 (2016)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (449.393 KB) | DOI: 10.31078/jk1327

Abstract

The phenomenon of a pair-single candidate threatens delays in the implementation of simultaneous Regional Head Elections in some districts until 2017. Although the Commission extends the registration period of candidates to avoid the delay of elections simultaneously, there are still some districts that have a single candidate. The law on elections has not set the provisions definitely regarding what should be done if there is the phenomenon of a single candidate. Finally the parties who feel aggrieved the rights had filed a judicial election law to the Constitutional Court (MK) to find solutions to these issues. In its decision, the Court considered that the Act mandates the election as the executor of the sovereignty of the people to elect regional heads directly and democratically. Thus, the local elections should ensure the realization of the highest power in the hands of the people. In addition, the Court also considers the formulation of norms of Law No. 8 of 2015, which requires the presence of more than one pair of candidates does not provide a solution, which led to the legal vacuum. This can result in absent of holding the elections. Local elections which are only followed by a single pair of candidates, the mechanism selection is to determine whether the “Agree”  or “Disagree” with   the prospective partner. If it turns out the people’s voice is more to select “Agree” then the candidate is designated as regional head and deputy head of the selected district. Conversely, if it turns out the people’s voice is more to select “Disagree” then in such circumstances the election is postponed until the next local elections simultaneously.
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