CD Skripsi

Tinjauan Yuridis Terkait Status Perolehan Suara Calon Anggota Legislatif Terpilih Yang Meninggal Dunia (Studi Putusan Mahkamah Agung Nomor 57 P/Hum/2019)

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ABSTRACT
The Elected Legislative Member Candidate who dies is essentially replaced
by the owner of the next most votes. The provisions governing the matter are
contained in Article 422 and Article 426 paragraphs (1) and (3) of Law Number 7 of
2017 concerning General Elections. The purpose of writing this thesis: First, to find
out the legal considerations of the Supreme Court Number 57 P/Hum/2019 which
states about the status of the votes acquired by the elected legislative candidates who
died. second, to find out the legal perspective of the general election regarding the
legal considerations of the Supreme Court Number 57 P/Hum/2019. The author
conducts research using normative juridical methods or literature studies in order to
obtain secondary data, namely by studying and analyzing comparatively descriptive
laws and regulations with theories that have a relationship with the problems studied.
From the results of this study, there are two main things that can be
concluded: First, the legal considerations in the Supreme Court Decision Number 57
P/Hum/2019 contradict the contents of Article 422, Article 426 paragraphs (1) and
(3) of Law Number 7 Year 2017 concerning General Elections. Second, Based on the
Perspective of Election Law in Law Number 7 of 2017 concerning General Elections,
it is stated that those who replace the elected Legislative Member candidates who die
are based on the majority of votes.
The author's suggestion is that the Supreme Court as one of the actors of
judicial power in the case of the application for the right to judicial review is to pay
more attention to the applicable laws and regulations in providing legal
considerations. So that in the future the parties involved in the case, namely the
applicant and the respondent, do not result in misunderstanding the decision or
causing errors. Legislation under laws such as PKPU relating to the issues discussed
above in order to pay more attention to laws and regulations that have a higher
position, namely in this study Law Number 7 of 2017 concerning Elections. The
Supreme Court, which applies laws and regulations, must under the law consider the
general election system used by Indonesia, namely the open proportional system.
Therefore, the choice of the elected candidate is basically not according to the party
leader who determines the most votes obtained by the legislative candidate
Keywords: Juridical Review–Voting Status–Legislative Candidate

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 03. 121 (0044)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Administrasi Negara., 2021

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 03. 121 (0044)

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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