THE STRENTHENING OF GENERAL ELECTION INSTITUTION: NORMATIVE JURIDICAL ANALYS

Authors

Abstract

The strengthening towards the implementation of General Election supervision has been carried out through various amendments starting form Law No. 12 of the Year 2003, Law No. 22 of the year 2007, Law No. 15 of the Year 2011, up to Law UU No. 7 of the Year 2017 which constitutes he newest Law regarding General Election.  The course of and the amendments to the laws aforesaid in the context of implementation and institutionalization of General Election supervision demonstrate changes in the position of the General Election supervision institution, which is increasingly strengthened, both from the institutional aspect and from its duties and authorities. However, the tendency of General Election violations almost always increases from one General Election to another. This matter causes General Election as the means of people’s sovereignty to be faced with a problem which simultaneously becomes challenges for the General Election supervision institution to present fair and equitable General Election, therefore, people’s sovereignty through the General Election process can be implemented. This research has the objective of analyzing the concept of General Election supervision based on the currently prevailing positive law in Indonesia. The type of this research is normative juridical. The data being used are secondary data in the form of primary, secondary, and tertiary legal sources. This research concludes that the General Election supervisory institution must continue to be strengthened considering the progressively complex
challenges and obstacles and the increasing tendency of violations. In this case, the researcher offers the concept of strengthening the General Election supervision through a clear and explicit stipulation in Article 22E of the Constitution of the State of the Republic of Indonesia of the Year 1945 by inserting a phrase stipulating the General Election supervisor which is separated from the  onvening of the General Election, therefore, the concept of supervision over people’s sovereignty in the general election which is carried out by the General Election supervisory institution will be preponderant and will have coercive force in the decision since here is a separation between the General Election organizer and supervisor.

Published

30-06-2021

Issue

Vol. 7 No. 1 (2021): Jurnal Etika dan Pemilu

Section

Articles

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