Yustisia
Vol 12, No 2: August 2023

The Postponed Regional Head Elections in Emergency Situations: a Constitutional Democracy Perspective in Indonesia

Fikri Ahsan (Faculty of Law Universitas Indonesia)
Wahyu Andrianto (Faculty of Law Universitas Indonesia)
Djarot Dimas Achmad Andaru (Faculty of Law Universitas Indonesia)
Mohamad Mohamad Hanapi (College of Law, Government & International Studies (COLGIS) University Utara Malaysia)



Article Info

Publish Date
15 Sep 2023

Abstract

The postponement of regional head elections may be done when the country is declared in a state of emergency. Emergencies such as war, economic crises, disease epidemics, and natural disasters affect the constitutional rights of citizens regulated by the 1945 Constitution. Therefore, legal instruments are needed to avoid unconstitutionality in fulfilling constitutional rights and democratic values during emergencies or dangers, including postponing regional elections during the COVID-19 pandemic.  Article 12 of the 1945 Constitution is the most relevant legal basis for activating emergency constitutional law   when   the   state   is  declared dangerous. However, Article 22 of the 1945 Constitution was preferred in postponing  regional  elections.  Even though the holding of elections itself is guaranteed by the constitution every five years, on the other hand, the constitution has not regulated the postponement of elections if the country is in danger or an emergency. So, in the future, there will need to be constitutional amendments and new regulations that further widen the spectrum of dangerous or emergency conditions without forgetting Article 12 of the 1945 Constitution as a consideration

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Journal Info

Abbrev

Yustisia

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The scope of the articles published in Yustisia Jurnal Hukum deal with a broad range of topics in the fields of Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law, Constitutional Law, Environmental Law, Procedural Law, Antropological Law, Health Law, Law and Economic, ...