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Proceedings of the 4th International Conference on Law, Social Sciences, and Education, ICLSSE 2022, 28 October 2022, Singaraja, Bali, Indonesia

Research Article

The Role Of The Constitutional Court In Enforcing A Democratic State

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  • @INPROCEEDINGS{10.4108/eai.28-10-2022.2326342,
        author={Putu Eka  Pitriyantini and Ida Ayu Windhari Kusuma  Pratiwi and R.  Ibrahim},
        title={The Role Of The Constitutional Court In Enforcing A Democratic State},
        proceedings={Proceedings of the 4th International Conference on Law, Social Sciences, and Education, ICLSSE 2022, 28 October 2022, Singaraja, Bali, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSE},
        year={2023},
        month={1},
        keywords={constitutional court election politic democracy},
        doi={10.4108/eai.28-10-2022.2326342}
    }
    
  • Putu Eka Pitriyantini
    Ida Ayu Windhari Kusuma Pratiwi
    R. Ibrahim
    Year: 2023
    The Role Of The Constitutional Court In Enforcing A Democratic State
    ICLSSE
    EAI
    DOI: 10.4108/eai.28-10-2022.2326342
Putu Eka Pitriyantini1,*, Ida Ayu Windhari Kusuma Pratiwi1, R. Ibrahim2
  • 1: Law Faculty of Tabanan University, Indonesia
  • 2: Law Faculty of Udayana University, Indonesia
*Contact email: eka0504.putriarsana@gmail.com

Abstract

Article 24C paragraph (1) of the 1945 Constitution, the Constitutional Court shall possess the authority to try a case at the first and final level. It shall have the absolute power of decision in deciding disputes over the results of general elections, which becomes the central issue in this research. Article 75 of the Constitutional Court Law states that the object of a dispute over election results is the result of vote counting between election participants and the KPU. However, the reality shows that there are several decisions of the Constitutional Court that contradict the rules that specifically regulate election disputes. There is a need for a reconstruction of Article 24C paragraph (1) of the 1945 Constitution to provide guarantees of certainty, justice, and benefit for the people, where the phrase “final” in the dispute over the results of general elections is removed and gives the Supreme Court authority. The authority on judicial review of all laws and regulations to the Constitutional Court.

Keywords
constitutional court election politic democracy
Published
2023-01-09
Publisher
EAI
http://dx.doi.org/10.4108/eai.28-10-2022.2326342
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