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Putusan Mahkamah Konstitusi Terkait Usia Calon Presiden dan Calon Wakil Presiden Christine S.T Kansil; Destiana Vani Candra
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2000

Abstract

The Constitutional Court is an institution of judicial power based on the constitution and has a judicial function to uphold law and justice. Based on the 1945 Constitution of the Republic of Indonesia, state power is divided into three parts, namely legislative, executive and judicial. The authority of the Constitutional Court is regulated in Article 24C of the 1945 Constitution, namely that the Constitutional Court functions to adjudicate at the first and last level and its decisions are final. Constitutional Court decisions in reviewing laws relate to formal and material aspects, so consideration is required by the judge as a basis for a decision. This article was written to review the authority of the Constitutional Court in judicial review and regarding the inconsistency of the Constitutional Court in decision Number 90/PUU-XXI/2023 concerning the age requirements for presidential and vice-presidential candidates.
Kewenangan Mahkamah Konstitusi Dalam Menangani Perkara Perselisihan Hasil Pemilihan Umum 2024 Christine S.T Kansil; Namira Diffany Nuzan
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2038

Abstract

The writing of this research is based on the aim that an assessment will be carried out regarding the extent of the authority of the constitutional court in handling the 2024 election dispute case submitted by the presidential candidate pair and also the vice presidential candidate in serial number 3 and serial number 1. The basis for submitting the petition to the constitutional court by of the candidate pair that there are indications that there was a massive structured and systematic act of fraud in the 2024 election carried out by presidential and vice presidential candidate number 2 where in the implementation of this year's election the principles of fairness and overflow were not implemented properly. Therefore, a problem that can be studied is whether the constitutional court has the authority to handle this case, as in accordance with Law Number 24 of 2003 which regulates the authority of the constitutional court in Article 10 paragraph 1 letter a. Therefore, in the implementation or results of this research, the author really hopes that it will be useful for the constitutional court and the parties involved in this matter. Apart from that, readers will also be able to find out about the extent of authority that the constitutional court has in handling disputes over election results.
Putusan Mahkamah Konstitusi Terkait Usia Calon Presiden dan Calon Wakil Presiden Christine S.T Kansil; Destiana Vani Candra
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2000

Abstract

The Constitutional Court is an institution of judicial power based on the constitution and has a judicial function to uphold law and justice. Based on the 1945 Constitution of the Republic of Indonesia, state power is divided into three parts, namely legislative, executive and judicial. The authority of the Constitutional Court is regulated in Article 24C of the 1945 Constitution, namely that the Constitutional Court functions to adjudicate at the first and last level and its decisions are final. Constitutional Court decisions in reviewing laws relate to formal and material aspects, so consideration is required by the judge as a basis for a decision. This article was written to review the authority of the Constitutional Court in judicial review and regarding the inconsistency of the Constitutional Court in decision Number 90/PUU-XXI/2023 concerning the age requirements for presidential and vice-presidential candidates.
Kewenangan Mahkamah Konstitusi Dalam Menangani Perkara Perselisihan Hasil Pemilihan Umum 2024 Christine S.T Kansil; Namira Diffany Nuzan
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2038

Abstract

The writing of this research is based on the aim that an assessment will be carried out regarding the extent of the authority of the constitutional court in handling the 2024 election dispute case submitted by the presidential candidate pair and also the vice presidential candidate in serial number 3 and serial number 1. The basis for submitting the petition to the constitutional court by of the candidate pair that there are indications that there was a massive structured and systematic act of fraud in the 2024 election carried out by presidential and vice presidential candidate number 2 where in the implementation of this year's election the principles of fairness and overflow were not implemented properly. Therefore, a problem that can be studied is whether the constitutional court has the authority to handle this case, as in accordance with Law Number 24 of 2003 which regulates the authority of the constitutional court in Article 10 paragraph 1 letter a. Therefore, in the implementation or results of this research, the author really hopes that it will be useful for the constitutional court and the parties involved in this matter. Apart from that, readers will also be able to find out about the extent of authority that the constitutional court has in handling disputes over election results.