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Rio Tri Juli Putranto, Rio Tri Juli
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Tafsir Konstitusional Pelanggaran Pemilukada yang Bersifat Sistematis, Terstruktur dan Masif Ali, M. Mahrus; Rachman, Irfan Nur; Wijayanti, Winda; Putranto, Rio Tri Juli; Anindyajati, Titis; Asih, Putria Gusti
Jurnal Konstitusi Vol 9, No 1 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (350.749 KB) | DOI: 10.31078/jk%x

Abstract

The Constitutional Court has created a legal breakthrough in handling the local head election dispute, in order to uphold the democracy and break     away from habitual practice of systematic, structured, and massive (STM) violations. The Court does not simply calculate the results of vote count but also have to seek the justice and prosecute results counting rate that were disputed. As the juridical normative research, the research uses a statutory, case, historical approach and  the  sociology  of  law.  The  research  shows that throughout 2008-2011 Court has granted the dispute for as many as thirty-two cases. Of that amount  of  cases,  those  with  the  STM  violations are as many as 21 (twenty one) cases. Whereas the nature of TSM were   divided into two kinds namely cumulative and alternative which both may cancel local head election results. There are three types of local head election violations, first, violation  in  the  process  that  does  not  affect  the  results of the election. Second, the breach in the process that affect the election  results, thirdly, violation of the terms of conditions to be a candidate which  are principal in nature and can be measured. The systematic, structured and massive violation of the local head general election is violations committed by the structural apparatus, both government officials and election organizers, collectively; not an individual action, well-planned (by design) and the impact of such offencesis extensive rather than sporadic.
Kompatibilitas Metode Pembuktian dan Penafsiran Hakim Konstitusi dalam Putusan Pemilukada Kasim, Helmi; Asy’ari, Syukri; Hilipito, Meyrinda R.; Putranto, Rio Tri Juli
Jurnal Konstitusi Vol 9, No 4 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (546.295 KB) | DOI: 10.31078/jk%x

Abstract

Decision-making in the Settlement of Local Election Dispute at the Constitutional Court is based on the conviction of the justices after examining evidence submitted by the parties. Meanwhile, the law has limited the authority of the Court which is simply to rule on the result of vote count in the local election. Therefore, through interpretation, the Court has created new norms in its decision concerning local election.In some of its decisions, the Court broadened its authority in the settlement of local election dispute which is to include the process of the election. The dictum of the decision does not merely follow what is stated in the law. There is compatibility in the justices’ conviction based on interpretation done by the justices regarding   the authority of the Court in deciding Local Election Dispute and in the choice of dictum of the decision which is different from what has been stated by the law.
Co-Authors Asy’ari, Syukri Helmi Kasim, Helmi Irfan Nur Rachman, Irfan Nur M. Mahrus Ali, M. Mahrus Meyrinda R. Hilipito, Meyrinda R. Putria Gusti Asih, Putria Gusti Titis Anindyajati, Titis Winda Wijayanti