Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia

Research Article

Election Legal Certainty in the 2024 Simultaneous Elections Through Regulations of the RI General Election Commission (PKPU)

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  • @INPROCEEDINGS{10.4108/eai.28-10-2023.2341698,
        author={Megawati  Barthos and Shri Hardjuno Wiwoho},
        title={Election Legal Certainty in the 2024 Simultaneous Elections Through Regulations of the RI General Election Commission (PKPU)},
        proceedings={Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2023},
        month={12},
        keywords={pkpu election law legal certainty},
        doi={10.4108/eai.28-10-2023.2341698}
    }
    
  • Megawati Barthos
    Shri Hardjuno Wiwoho
    Year: 2023
    Election Legal Certainty in the 2024 Simultaneous Elections Through Regulations of the RI General Election Commission (PKPU)
    MIC
    EAI
    DOI: 10.4108/eai.28-10-2023.2341698
Megawati Barthos1, Shri Hardjuno Wiwoho1,*
  • 1: Universitas Borobudur
*Contact email: wiwohohadinagoro@gmail.com

Abstract

General elections, also called general elections, are one way of exercising popular sovereignty. Articles 22E (1) to 22E (6) of the 1945 Constitution of the Republic of Indonesia manage arrangements connecting with decisions. The methodology strategy utilized in this examination is a standardizing juridical methodology. Normative research methods are also called doctrinal research, namely research that analyzes laws both written in books and laws decided by judges through court processes. In view of Article 8 passages (1) and (2) of Regulation Number 12 of 2011 concerning the Development of Administrative Guidelines, KPU guidelines have been obliged in the order of legal guidelines. As with other state institutions that are formed based on statutory regulations or government acts based on law, PKPU is a regulation mandated by the commission. Since it is managed by higher regulations and guidelines and was framed utilizing the power allowed to the KPU through the Political Race Regulation, the presence of the PKPU is perceived and has restricting lawful power. The implementation process and stages of the 2024 Simultaneous Elections must not conflict with the Election Law, because PKPU is an elaboration of the technical implementation of the Election Law, this is a form of PKPU that can provide legal certainty.