CD Skripsi
Analisis Putusan Pengadilan Negeri Jakarta Pusat Nomor 757/Pdt.G/2022/Pn Jkt.Pst Tentang Penundaan Pemilihan Umum Serentak Tahun 2024
General elections are an important pillar in a democratic country as a legitimate mechanism for changing state power, so the Election Law was created. However, in practice, conflicts of interest often occur which result in election disputes. The dispute raised in this research is the PRIMA Dispute with the KPU which resulted in a decision by the Central Jakarta District Court with case registration number 757/Pdt.G/2022/PN Jkt.Pst. This decision contains crucial points that decide on the postponement of the simultaneous general elections in 2024. The aim of this thesis research is first, to analyze the absolute and relative authority of the central Jakarta district court in examining and deciding a quo cases. Second, analyze the interpretation method used in the a quo decision. Third, examine the dispute resolution process that should be taken in this case, especially the position of the Central Jakarta District Court that should be taken in the a quo case and the legal efforts that should be taken by PRIMA.
This type of research can be classified into normative research and focuses on legal principles. This research uses data sources in the form of secondary data with data collection techniques based on literature study.
From the results of research on the problem, there are three main things that can be concluded. First, based on Law Number 7 of 2017 concerning General Elections, the Central Jakarta District Court has absolutely no absolute or relative authority in examining and deciding a quo cases. This case clearly falls under the absolute authority of the State Administrative Court based on Article 470 of the Election Law and Article 2 of PERMA RI Number 2 of 2019. Second, the interpretation method used in the a quo decision is an extensive and systematic interpretation method. Third, the solution path that PRIMA should take is to reject the a quo case during the preliminary examination by the head of the court or to give a Niet Ontvankelijke Verklaard (NO) decision or not accept it because there are formal defects in the lawsuit, namely violating the absolute authority of the district court. PRIMA can take legal action through a lawsuit to the Jakarta PTUN with the dispute object being Bawaslu Decision 002/PS.REG/BAWASLU/IX/2022.
Keywords: Authority - District Court - Postponement of Elections
Tidak tersedia versi lain