Research Article
The Role Of The Constitutional Court In Enforcing A Democratic State
@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
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.