The Authority of Constitutional Court in General Election Results: Is It Powerful or Meaningless?

DOI

10.2991/aebmr.k.200226.026How to use a DOI?

Keywords

Constitutional Court, general election, democracy

Abstract

The third amendment to the 1945 Constitution of the Republic of Indonesia has raised the Constitutional Court as a constitutional justice institution in Indonesia. One of the authorities possessed by the Constitutional Court is to decide on disputes about the results of general elections. This article aims to examine the interpretation of the authority through a literature study method with a normative juridical approach. The results of this study explain that Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia is the constitutional basis for the Constitutional Court in the authority to decide disputes about the results of general elections. On Normative perspective, it can be said that the authority possessed by the Constitutional Court is only in the case of disputes that occur between participants in general elections in the case of the results of general elections authorized by the General Election Commission. When interpreted with a comprehensive approach, the Constitutional Court as the guardian of the constitution and the guardian of democracy, the authority to decide disputes on the results of the general election cannot be interpreted only speaks of disputes over results but the Constitutional Court can examine the electoral process if fraud occurs structured, systematic and massive. So, the Constitutional Court is not only a Court Calculator that only calculates the results of general elections, but more than that as the guardian of the constitution and democracy in Indonesia.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Kamal Fahmi Kurnia
AU  - Tian Terina
AU  - Dinar Mahardika
PY  - 2020
DA  - 2020/03/04
TI  - The Authority of Constitutional Court in General Election Results: Is It Powerful or Meaningless?
BT  - Proceedings of the International Conference on Law Reform (INCLAR 2019)
PB  - Atlantis Press
SP  - 130
EP  - 134
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200226.026
DO  - 10.2991/aebmr.k.200226.026
ID  - Kurnia2020
ER  -