SIFAT FINAL DAN MENGIKAT PUTUSAN DEWAN KEHORMATAN PENYELENGGARA PEMILU (DKPP) DALAM MEWUJUDKAN KEADILAN ELEKTORAL (ELAKTORAL JUSTICE) DAN BUDAYA DEMOKRASI

Authors

  • I Gede Druvananda Abhiseka Magister Ilmu Hukum Universitas Udayana
  • I Made Adi Widnyana

DOI:

https://doi.org/10.25078/vyavaharaduta.v18i1.2250

Keywords:

Election, DKPP Authority, Electoral Justice

Abstract

Elections are one of the mechanisms for the transition of power that was born at the same time as democracy. in Indonesia there are three institutions involved in holding general elections (elections), namely KPU, Bawaslu, and DKPP, DKPP officially becomes a state institution in the realm of upholding the ethics of holding elections. The presence of this DKPP is a solution to problems regarding integrity and credibility of election organizers, as well DKPP can be said that this institution is an institution that performs mixed functions (mix-function), namely administrative, regulatory, and punitive functions. DKPP in the decision as referred to in Article 458 paragraph (10) is final and binding. So from the above the presence of the DKPP is very important, and the presence of the DKPP is a solution to problems regarding the integrity and credibility of election organizers, because elections with integrity are still a serious problem, especially in Indonesia. The purpose of this research is to find out and show a paradigm as well as new hopes for the legal system and constitutional law in the future, especially in electoral law. The research method that the author uses is descriptive qualitative, that is, writes down by deciphering the extent to which the development of the findings that the author is doing for that there is data that the author will collect, such as primary and secondary data. The results of this study indicate that one of the DKPP's powers lies in the decisions made by the DKPP namely "final and binding", as stipulated in Article 458 paragraph (13) of Law Number 7 of 2017 the decision produced by the DKPP shows a paradigm as well as a new hope for the legal and constitutional system in the future, and when viewed from the perspective of efforts to realize justice electoral justice) the presence of DKPP is one of the embryos of an independent state institution (state auxiliary agency) that can create integrity and credibility in election organizers which is actually still a serious problem in holding elections in Indonesia

Published

2023-04-30

Issue

Section

Articles
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