CD Skripsi

Penghapusan Wewenang Mahkamah Konstitusi Dalam Penyelesaian Sengketa Pemilihan Umum Kepala Daerah Melalui Putusan Nomor 97/Puu-Xi-2013

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Decision Number 97 / PUU / XI / 2013 states that intended by the General Election 1945 is a presidential election and the legislative elections. Therefore, the election is not the authority of the Constitutional Court, but the authority of the Supreme Court and the courts below it because of disputes related to the election decision of state institutions, namely the General Elections Commission (KPU), then enter the election disputes within the competence of the State Administrative Court (Administrative Court). While handling is done by the State Administrative High Court (PT TUN). It is intended to facilitate the supervision or control as well as the range of powers that include the election of Governor and Regent / Mayor. Based on this understanding, it is this thesis formulated two formulation of the problem, namely: First, how legal considerations in the decision of the Constitutional Court number 97 / PUU-XI-2013? Secondly, how the implications of the abolition of the authority of the Constitutional Court in the decision number 97 / PUU-XI -2013? The research method in this study, this type of research is a normative legal research. Source of data used are secondary data sources consisting of primary legal materials, secondary and tertiary. After the data collected then analyzed qualitatively, then draw conclusions with deduktitf thinking method is to analyze the problems of the general form into special shapes. From the research, there are two basic problems that can be concluded, first, the legal considerations in Decision Number 97 / PUU-XI-2013, namely, first, the elections are not part of the election regime as stipulated in Article 22E paragraph (2) of the 1945 Second, that refers to the Constitutional Court Decision No. 1-2 / PUU-XII / 2014. Constitutional Court judge by the history of the formulation of Section 22E of the 1945 Constitution as referring to the Constitutional Court Decision No. 14 / PUU-XI / 2013 determines that the election is held to elect members of the House of Representatives, the President and the Vice President and the Parliament. Second, the implications of the abolition of the authority of the Constitutional Court in the decision number 97 / PUU-XI-2013, among others First, the certainty of the authority of the testing of this Act will not happen again in the future. The protection of the constitutional rights of citizens will be maintained, so that the purpose of the establishment of the state to protect the rights of citizens can be achieved. Thirdly, the Constitutional Court can automatically refocus on authority-authority derived from the 1945 Constitution, especially the authority to test the Act against the 1945 Constitution. Keywords: Legal Considerations - Decisions - Constitutional Court

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 03. 116 (0005)

Penerbit

Pekanbaru : Universitas Riau - Fakultas Hukum - Hukum Tata Negara., 2016

Deskripsi Fisik

v, 83 hlm.:ill,; 29 cm

Bahasa

ISBN/ISSN

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Klasifikasi

09 03. 116 (0005)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

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Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

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