Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)

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Juridical Analysis of the Impact of Postponing the 2024 Election from Constitutional Perspective Indonesia

Authors
Ai Heni Nuraeni1, *, Nuchraha Alhuda Hasnda1
1Law Study Program, Nusa Putra University, Sukabumi, West Java, Indonesia
*Corresponding author. Email: ai.heni_HK19@nusaputra.ac.id
Corresponding Author
Ai Heni Nuraeni
Available Online 30 August 2024.
DOI
10.2991/978-2-38476-279-8_20How to use a DOI?
Keywords
Constitution; UUD 1945; Postponement of Elections; Electoral System; Democracy
Abstract

The constitution which is domiciled as the highest legal source of a country makes the UUD 1945 the written constitution of the Indonesian state. The UUD 1945 states that the state as an organization of power must be limited in exercising its power so that arbitrariness does not occur. Elections are part of the embodiment of power restrictions which are carried out democratically and periodically every 5 (five) years as mandated by the UUD 1945. Consistency in the implementation of elections manifests changes in power aimed at forming a representative government. However, the discourse of postponing the 2024 elections has become a phenomenon of the weak meaning of Indonesian democracy towards constitutional values. This research was conducted using analytical descriptive legal specifications with a comparative approach method through secondary data sources, library research techniques, and data analysis using descriptive methods. The results show that postponing the 2024 election is a violation of the constitution that harms Indonesia’s democratic system and can pave the way for the power of a coup. A good general election must follow the socio-political context of a country, while the proportional election system is the best choice for Indonesia as a democratic and multi-cultural country.

Copyright
© 2024 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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Volume Title
Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
30 August 2024
ISBN
978-2-38476-279-8
ISSN
2352-5398
DOI
10.2991/978-2-38476-279-8_20How to use a DOI?
Copyright
© 2024 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.

Cite this article

risenwbib
TY  - CONF
AU  - Ai Heni Nuraeni
AU  - Nuchraha Alhuda Hasnda
PY  - 2024
DA  - 2024/08/30
TI  - Juridical Analysis of the Impact of Postponing the 2024 Election from Constitutional Perspective Indonesia
BT  - Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)
PB  - Atlantis Press
SP  - 171
EP  - 182
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-279-8_20
DO  - 10.2991/978-2-38476-279-8_20
ID  - Nuraeni2024
ER  -