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PENGUSULAN PASANGAN CALON PRESIDEN DAN WAKIL PRESIDEN SEBAGAI PESERTA PEMILU MENURUT UNDANG-UNDANG PEMILIHAN PRESIDEN Kadek Nanda Pratyahara; Kadek Dedy Suryana; Kadek Merry Herawati
Nusantara Hasana Journal Vol. 4 No. 4 (2024): Nusantara Hasana Journal, September 2024
Publisher : Yayasan Nusantara Hasana Berdikari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59003/nhj.v4i4.1231

Abstract

The presidential and vice-presidential elections in Indonesia are vital for the country's democratic process, impacting political stability and leadership selection. Regulated by Republic of Indonesia Law Number 42 of 2008, these elections transitioned from being decided by the People's Consultative Assembly (MPR) to direct public elections following the 1945 Constitution amendment. This shift has introduced challenges, particularly concerning political support requirements and independent candidate treatment. This research employs a combination of normative juridical and empirical methods, including legislative review, literature analysis, and interviews with key informants. The study uses a legislative and conceptual approach, drawing on primary, secondary, and tertiary legal materials. It investigates the role of the General Elections Commission (KPU) and law enforcement in addressing election violations such as money politics, using Election Case Decision Number 42/Pid.Sus/2019/PN LBO as a case study. Findings reveal difficulties in verifying political support and managing independent candidates, highlighting the need for legal and procedural improvements. To enhance electoral integrity and inclusivity, the research suggests reforms in the legal framework and election administration. These adjustments are crucial for achieving a more democratic and effective electoral process in Indonesia.
KEWENANGAN DEWAN KEHORMATAN PENYELENGGARA PEMILU (DKPP) DALAM PENEGAKAN ETIKA PENYELENGGARA PEMILU Herfein Bria; Erikson Sihotang; Kadek Merry Herawati
Nusantara Hasana Journal Vol. 4 No. 4 (2024): Nusantara Hasana Journal, September 2024
Publisher : Yayasan Nusantara Hasana Berdikari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59003/nhj.v4i4.1232

Abstract

The purpose of this study is to find out and analyze the Authority of the Honorary Council of Election Organizers (DKPP) in the enforcement of the code of ethics of General Election organizers and to find out the Authority of the Honorary Council of Election Organizers (DKPP) in Resolving General Election Violations by Members of the General Election Commission. The method used is a juridical-normative approach that focuses on the literature materials and regulations used as the basis for the preparation. The result of this research is that DKPP was formed to enforce the code of ethics which is one of the triumvirates of election organizers. The existence of coercive authority owned by the DKPP is to ensure that the Election Organizers obey the Code of Ethics. The existence of a Code of Ethics for Election Organizers, as a rule of the game for Election Organizers in carrying out their duties and functions during the implementation of elections, as mandated in Article 22E paragraph (1) of the 1945 Constitution of the Republic of Indonesia, namely elections are carried out directly, publicly, freely, secretly, honestly and fairly. The code of ethics aims to maintain the independence, integrity, and credibility of all ranks of Election Organizers. Second, Law Number 15 of 2011 which regulates election organizers, has regulated the duties and authority of the DKPP in Law Number 15 of 2011 concerning General Election Organizers. And if the DKPP issues a Decision ordering the KPU to conduct a review to restore the constitutional rights of the Candidates for Members of the DPRD, which decision is not the authority of the DKPP, but the authority of the KPU. The Honorary Council of Election Organizers (DKPP) has exercised its authority in accordance with Law Number 15 of 2011 concerning General Election Organizers in resolving election violations committed by one member of the KPU.