CD Skripsi

Instrumen Administratif Pembatasan Penggunaan Fasilitas Negara Oleh Calon Presiden Petahana Dikaitkan Dengan Upaya Pemilihan Umum Yang Demokratis

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ABSTRACT
State facilities are finance means and infrastructure from APBN and or
APBD. The use of state facilities is essentially recommended in the interests of the
government. In accordance with current regulations of the law regarding the use
of state facilities, facilities of state are indeed used for accommodation and
continuity in government practices. But it’s different in elections, public facilities
are not allowed to be used for the campaign’s benefit. That way any facilities
attached to the office of a state officials, including incumbent presidential
candidates are absolutely not allowed to be used to campaign.So while state
facilities could still be used by incumbent presidential candidates, then it would not
in thid case reflect a democratic election that conforms to the principle of elections.
However, on the other hand the position of president is still attached to the
incumbent presidential candidate. Where based on the constitution, the president is
both a head of state an a head of government that has duties and functions.A
president has the right to use the state facility attached to himself to perform his
duties and functions as president. So the safety of a president must be maintained.
In this context, no one of current presidential security procedures can be left behid.
The study uses normative-law research typology also called doctrinal law
research, which deals more specifically with law synchronization, as it relates to
the use of state facilities by incumbent presidential candidates that would later be.
The result of the study by the author is that administrative instruments of
limitation of the use of state facilities by incumbent presidential candidates have
not been able to afford restrictions on incumbent presidential candidates in
accordance with the basic principles of elections. While regulatory restrictions on
the use of state facilities for government official other than the incumbent
presidential candidates to elections are clearly established, both for incumbent
participants and other participants, the rule of limitation of state facilities for
reelaction presidents is not the same as other government officials who reelaction.
Based on the decision of the constitutional court number 10/PUU-XVII/2019
explaining that the incumbent presidential candidates as president who has a
position that cannot be separated from him is not to take a leave. Nevertheless, the
constitutional court ruled that a ban be placed on the incumbent presidential
candidates for the campaign so as not to abuse his position asa successor because
there was something inherent in the president according to article 305 of
constitution number 17 in 2017, where this will not be relinquished from the future
incumbent presidential candidates.
Keywords: State Facility-Incumbent Presidential Candidates-Administrative

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 03. 120 (0020)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – Tata Negara., 2020

Deskripsi Fisik

xii, 29 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 03. 120 (0020)

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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