Analisis Putusan MK Nomor 01-PHPU-PRES/XVII/2019 tentang Sengketa Perselisihan Hasil Pemilihan Umum Presiden dan Wakil Presiden

Putri Rizkika Bahri

Jurnal Ilmiah Wahana Pendidikan
Vol 9 No 2 (2023): Jurnal Ilmiah Wahana Pendidikan

This study is aimed at finding the basis for consideration of the law and interpretation method used by the panel of judges to determine structured, systematic, and massive axiom (TSM) in rulling the Constitutional Court No. 01-PHPU-PRES-XVII/2019 on the issue of the dissension of the president and vice president election. The type of research used was normative-legal research. The result were the basis of the Constitutional Court’s Legal on the Constitutional Court No 01-PHPU-PRES-XVII/2019 on the dispute over the president and vice president election in cases structured, systematic, and massive (TSM) infringement were some axiom not reported by the petitors to Bawaslu but included in the applications of the issue. If the offense has been reported, Bawaslu has followed up, and the Constitutional Court has no evidence that Bawaslu has not exercised its authority. Therefore the Constitutional Court’s decision does not take structured, systematic, and massive (TSM) into consideration.