CD Skripsi

Analisis Putusan Mahkamah Agung Nomor 65 Mp/Hum/2018 Tentang Pengujian Pkpu Nomor 26 Tahun 2018 Tentang Perubahan Kedua Atas Pkpu Nomor 14 Tahun 2018 Tentang Pencalonan Perseorangan Peserta Pemilihan Umum Anggota Dewan Perwakilan Daerah

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ABSTRACT
The constitutional issue regarding the requirements for nominating members
of the Regional Representative Council for the 2019 Election, began with the
Constitutional Court Decision Number 30/PUU-XVI/2018 dated 23 July 2018 which
stated that DPD member candidates may not have the status of administrators
(functionaries) of political parties, both at the level central and at the regional level,
however, the Supreme Court through Decision Number 65P/HUM/2018 dated 25
October 2018 actually indirectly provided an opportunity for political party
administrators to take part in the 2019 DPD member elections. The reason is, the
Supreme Court assessed KPU regulation No. 26 of 2018 which was issued to follow
up on Constitutional Court Decision No. 30/PUU-XVI/2018 cannot be applied
retroactively. As a result, conflicts began to appear between the decisions of the
Constitutional Court and the Supreme Court. This research aims to find out and
explain the basic considerations used by Supreme Court Judges in determining
Supreme Court Decision No. 65P/HUM/2018 and whether the Supreme Court's
decision regarding the nomination of election participants who serve as political
party administrators is in accordance with the rules of Constitutional Court decision
30/PUU-XVI/2018.
This research uses a type of normative legal research or what is known as
"legal research". Normative legal research is research using a statutory approach,
conceptual approach, case approach using library study data collection techniques.
The research results show that the Supreme Court panel of judges in their legal
considerations on decision Number 65 P/HUM/2018 stated that the KPU has the
authority to make KPU Regulation Number 26 of 2018 as a follow-up to the
Constitutional Court decision. However, these KPU Regulations cannot be applied
to the 2019 Election because when these provisions were issued, the process time,
stages and program for holding the Election had already begun and were starting.
So according to the Supreme Court, based on the non-retroactive principle, these
provisions cannot be applied retroactively to DPD member candidates in the 2019
Election, then the Supreme Court's decision creates legal dualism which is not in
accordance with the Constitutional Court's legal rules.
Key words: Constitutional Court decision, Supreme Court decision, KPU
regulations, DPD

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1809125349

Penerbit

Pekanbaru : Universitas Riau – F.HUKUM – HUKUM TATA NEGARA., 2025

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1809125349

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM TATA NEGARA

Info Detail Spesifik

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Pernyataan Tanggungjawab

daus

Versi lain/terkait

Lampiran Berkas

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