The Impact Of The Absence Of Adversarial System In DKPP's Procedural Law : Study Of Verdic Anotation NO. 16-PKE-DKPP / I / 2019

Authors

  • Muhtar Said Universitas Nahdlatul Ulama Indonesia

Abstract

DKPP authority to examine violation of ethics for election body member. It’s hoped that election body member can carrying out its duties and obligations by uphold the values of integrity inherent in themselves. The question, if the DKPP ruling that should provide encouragement to the election body member to maintain integrity, but in the ruling, the ruling seems to provide an opportunity for election administrators to violate the integrity values as election body. This problem arose in the verdict of DKPP No. 16-PKE-DKPP / I / 2019. This discussed using the normative and empirical juridical approaches. there is a problem in the DKKP procedural law that does not list the quality of evidence in a balanced manner because the quality of the evidence is only borne by the Complainant while the Complainant is not given clear guidelines in conducting proof.

Published

2019-06-02

Issue

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

Section

Articles

License

License Terms

1. Copyright Policy

Authors who publish with Jurnal Etika dan Pemilu retain the copyright to their work. By submitting a manuscript, authors grant the journal the right of first publication, with the work simultaneously licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).

2. Creative Commons Attribution-NonCommercial 4.0 (CC BY-NC 4.0)

This license allows others to:

  • Share: Copy and redistribute the material in any medium or format.

  • Adapt: Remix, transform, and build upon the material.

Under the following terms:

  • Attribution: You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

  • NonCommercial: You may not use the material for commercial purposes.

3. Author Rights

Authors retain the right to:

  • Archive their own articles in institutional or subject-based repositories (such as university websites).

  • Use their articles in their own future work, including lectures, books, or personal compilations.

  • Retain intellectual property rights without restrictions, provided that the original publication in Jurnal Etika dan Pemilu is properly cited.

4. User Responsibilities

Users of the journal website must comply with the following:

  • Any redistribution of published content must include a clear citation of the original article, including the author’s name, the title of the article, the journal name, the volume/issue number, and the DOI link.

  • Commercial reproduction or distribution of any content published in this journal is strictly prohibited without the express written permission of the copyright holder (the author) and the journal publisher (DKPP).

5. Third-Party Content

Some materials (such as images, tables, or data sets) published within an article may be subject to third-party copyright. It is the responsibility of the author to ensure that all necessary permissions have been obtained for the inclusion of such materials prior to submission.