Article Per Year (5 Year)
p-Index From 2020 - 2025
0.23
P-Index
This Author published in this journals
All Journal JURNAL PENDIDIKAN IPS
Anjas Rinaldi Siregar
Unknown Affiliation
Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Disputes Over General Election Results Based on Judicial Activism and Judicial Restrain in Realizing the Principles of Honest and Fair in General Elections Anjas Rinaldi Siregar; Anna Erliyana
JURNAL PENDIDIKAN IPS Vol. 15 No. 2 (2025): JURNAL PENDIDIKAN IPS
Publisher : STKIP Taman Siswa Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37630/jpi.v15i2.3102

Abstract

The settlement of general election result disputes (PHPU) is a crucial issue in realizing honest and fair elections in Indonesia. The Constitutional Court, as the guardian of the constitution, often faces a dilemma between applying Judicial Activism and Judicial Restrain in adjudicating PHPU cases, particularly regarding structured, systematic, and massive (TSM) violations. This article aims to analyze the concepts, influencing factors, and implementation of Judicial Activism and Judicial Restrain within the Constitutional Court's practices, by examining key rulings including Decision No. 01/PHPU-PRES/XVII/2019. This study employs a normative legal method with statutory, case, and conceptual approaches. The results show an inconsistency in the Constitutional Court's application of Judicial Activism, especially concerning TSM violations, which are often regarded as beyond its authority. On the other hand, Judicial Restrain is frequently used as a justification to limit the Court's assessment of substantive justice in the electoral process. This article recommends the need for a proportional balance between Judicial Activism and Judicial Restrain, as well as strengthening the Constitutional Court's role in ensuring electoral justice to protect citizens' voting rights and the quality of democracy.
Co-Authors Anna Erliyana