The Influence of the Thoughts of John Austin, Hans Kelsen, and Hart on Political Power and Ethical Politics in the Organization of General Elections

DOI

10.2991/978-2-38476-148-7_7How to use a DOI?

Keywords

Influence of thought; John Austin; Hans Kelsen; and Hart

Abstract

The law is inseparable from the commands of the authorities as the lawmakers. The authority’s power to make decisions/policies are based on political power and ethical politics. This paper aims to answer the following questions: (1) How do the thoughts of John Austin, Hans Kelsen, and Hart influence political power and ethical politics on the authority of Commissioner for General Elections (KPU) and Election Supervisory Body (Bawaslu) as general election organizers? and (2) How does the General Election Organizer Ethics Council (DKPP) resolve cases of ethical violation in general elections? This was legal research which was conducted using literary studies, where the researcher studied books on legal theory according to John Austin, Hans Kelsen, and H. L. A. Hart. The authors also analyzed journals on the influence of these figures’ thoughts on political power and ethical politics on the general election organization. Results showed that: (1) The influence of the thoughts of John Austin, Hans Kelsen, and Hart on political power and ethical politics on the authority KPU and Bawaslu as general election organizers are as follows: First, Austin defines the law as a command of the sovereign. KPU and Bawaslu have legal powers to make policies. Second, Kelsen states that the law is one’s behavior to comply with commands and prohibitions (sanctions). KPU and Bawaslu’s behavior in using power in the organization of general elections is that they must use the power in a civilized and ethical manner. Third, Hart’s thought is that the law and morality are a command from the authorities to follow the stipulations of legal regulations. As general election organizers, the KPU and Bawaslu carry out tasks and authorities according to Law No. 7 of 2019. (2) In resolving ethical cases in the general election, DKPP has the authority to decide on such cases committed by the KPU and Bawaslu in organizing the general elections. DKPP can give sanctions in the form of oral and written warnings and terminate the perpetrators as general election organizers based on Law No. 7 of 2017 on the General Election. Meanwhile, criminal law violations in general elections committed by KPU and Bawaslu are sanctioned according to Law No. 19 of 2019 on the Crime of Corruption.

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  - Dewi Iriani
AU  - Muhammad Fauzan
AU  - Sri Hastuti Puspitasari
AU  - Esti Ningrum
AU  - Arief Budiono
PY  - 2023
DA  - 2023/12/06
TI  - The Influence of the Thoughts of John Austin, Hans Kelsen, and Hart on Political Power and Ethical Politics in the Organization of General Elections
BT  - Proceedings of the International Conference for Democracy and National Resilience (ICDNR 2023)
PB  - Atlantis Press
SP  - 77
EP  - 90
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-148-7_7
DO  - 10.2991/978-2-38476-148-7_7
ID  - Iriani2023
ER  -