The Electoral Legal Framework and The Existence of The Constitutional Court in Electoral Justice in Indonesia

DOI

10.2991/978-2-38476-148-7_18How to use a DOI?

Keywords

Legal Framework; Constitutional Court; Electoral Justice; Modern Democracy

Abstract

Elections are not just about voting and electing representatives, but go much deeper. Elections symbolize the principles of legitimacy and justice. The enforcement of the legal framework, the electoral justice system, the design and implementation of the electoral process as a whole are some of the important instruments in implementing the concept of electoral justice in a country. The design of the electoral justice system must be able to realize free, fair and honest elections and pay attention to each stage of the electoral process so that the electoral justice system becomes comprehensive and effective. This research will discuss the legal framework and the existence of the constitutional court in realizing electoral justice in Indonesia. By using a normative juridical method with a qualitative approach, it is concluded that the electoral legal framework in Indonesia has been made in accordance with international election standards which include the constitution, laws and implementing regulations of the Election Management Body which are oriented towards electoral justice, while the existence of the constitutional court as the guardian of constitutional justice is very important and its authority as an electoral judicial body has produced important decisions in democracy and the establishment of electoral justice.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Trio Ferdyanto
AU  - Jum Anggriani
AU  - Andreas Eno Tirtakusuma
PY  - 2023
DA  - 2023/12/06
TI  - The Electoral Legal Framework and The Existence of The Constitutional Court in Electoral Justice in Indonesia
BT  - Proceedings of the International Conference for Democracy and National Resilience (ICDNR 2023)
PB  - Atlantis Press
SP  - 207
EP  - 222
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-148-7_18
DO  - 10.2991/978-2-38476-148-7_18
ID  - Ferdyanto2023
ER  -