CD Skripsi

Analisis Yuridis Putusan Mahkamah Konstitusi Nomor 45/Phpu.D-Viii/2010 Tentang Diskualifikasi Dan Penetapan Pemenang Pilkada Kota Waringin Barat

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ABSTRACT
The decision of the Constitutional Court Number 45/PHPU.D-VIII/2010
decided to win one of the candidate pairs, namely the Ujang-Bambang pair and
disqualify the Sugianto-Eko Soemarno pair as the winner of the West
Kotawaringin election. The authority of the Constitutional Court in deciding
disputes over general election results is regulated in Article 24C paragraph (1) of
the 1945 Constitution of the Republic of Indonesia. Based on these problems the
authors are interested in knowing first, what is the authority of the Constitutional
Court in deciding disputes over the results of the regional head elections
No.45/PHPU.D -VIII/2010 Concerning the Disqualification and Determination of
Winners of the West Waringin City Election, are they in accordance with their
authority as regulated in Article 24 C paragraph (1) of the 1945 Constitution?
Second, what are the implications of the decision of the Constitutional Court No.
45/PHPU.D-VIII/2010 on voter sovereignty in determining Regional Heads in
West Kotawaringin Regency?
This type of research is classified as normative legal research with the type
of legal principles. In normative legal research, the data source is secondary data
consisting of primary legal materials, secondary legal materials and tertiary legal
materials. The collection of normative legal research data uses data collection
techniques using library research. The data obtained through the literature study
will be analyzed qualitatively. In drawing conclusions the author uses a deductive
method of thinking, namely a way of thinking that draws conclusions from a
general statement or proposition into a specific statement.
Based on the results of the research and discussion, it can be concluded
that, firstly, the Constitutional Court Decision Number 45/PHPU.D-VIII/2010
concerning the General Election Dispute for the Regional Head of West
Kotawaringin Regency, the Constitutional Court has decided beyond the petition
submitted by the applicant and decided beyond the authority of the Constitutional
Court, namely decided to disqualify the winning pair for the West Kotawaringin
election, namely the H. Sugianto and H Eko Soemarno, SH and set Dr. H. Ujang
and Iskandar ST., M.Si as the elected Regent and Deputy Regent. Second, the
issuance of this decision itself has its own impact on the implementation of the
West Kotawaringin post-conflict local election. The West Kotawaringin election
has become unclear. In this case, the KPUD has not implemented the decision of
the Constitutional Court. The grace period for implementing the decision and
anomalies in the provisions of the law. The law stipulates that the Constitutional
Court's decision has permanent legal force since it has been pronounced in a
plenary session which is open to the public, so from that moment on, the decision
must be implemented. In fact, it is impossible for the Constitutional Court's
decision to be followed up immediately after the decision is read. It takes process
and time to follow up on decisions.
Keywords: Constitutional Court – Pilkada – Kota Waringinbarat

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1709123093

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Tata Negara., 2022

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1709123093

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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