Development Of Integrated Election Laws

Authors

  • Muh.Risnain Fakultas Hukum Universitas Mataram

Abstract

Legal policy of electoral law that intends to create elections with integrity are born from constitutional norms, Article 23 E paragraph (1) and paragraph (5) 1945 Constitution of the Republic of Indonesia. The principle of honest, fair and independent Election Commission becomes a constitutional basis for holding elections with integrity, but Law Number 7 of 2017 concerning general Elections as a rule of election with integrity does not provide an explanation of the principles of election law in the constitution. The legal institutions for organizing elections with integrity through an electoral system with integrity through the commisiion of general election (KPU), General Election Overigh Body (Bawaslu) and have weaknesses because the Bawaslu and Honorary Board of Election Officer (DKPP) have not been regulated in the constitution like the commisiion of general election . Election legal process with integrity still has obstacles due to the unevenness of institutions that have ethical enforcement authority between PPK, PPS, KPPS, PPLN, KPPSLN and District Panwaslu members, Kelurahan / Village Panwaslu, LN Panwaslu, and TPS Supervisors that are not resolved by DKPP with alleged violations a code of ethics carried out by KPU members, Provincial KPU members, Regency / City KPU members, Bawaslu members, Provincial Bawaslu members and Regency / City Bawaslu members completed by DKPP. The direction of developing electoral law with future integrity should be directed to; first, provide an explanation of the meaning of each principle of electoral law in article 2 and article 3 of the electoral law. Secondly, DKPP and Bawaslu should be considered through academic studies to be included as part of the electoral implementation system which is regulated also by the existence of institutions in the constitution. Third, it should be directed to form representatives of DKPP in regions that have the authority to adjudicate alleged ethical violations by PPK, PPS, KPPS, PPLN, KPPSLN and District Panwaslu members, Village / Village Panwaslu, LN Panwaslu, and TPS Supervisors.

Published

2019-06-24

Issue

Vol. 5 No. 1 (2019): Jurnal Etika dan Pemilu

Section

Articles

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