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

Research Article

Design of The Institutional Position of The General Election Organizer Based on Article 22E Paragraph (5) of the State Law of Republic of Indonesia 1945

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  • @INPROCEEDINGS{10.4108/eai.28-10-2023.2341836,
        author={Evita Isretno Israhadi and Dien  Candra},
        title={Design of The Institutional Position of The General Election Organizer Based on Article 22E Paragraph (5) of the State Law of Republic of Indonesia 1945},
        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={institutional position general election organize article 22e paragraph (5) of the 1945 constitution of the republic of indonesia},
        doi={10.4108/eai.28-10-2023.2341836}
    }
    
  • Evita Isretno Israhadi
    Dien Candra
    Year: 2023
    Design of The Institutional Position of The General Election Organizer Based on Article 22E Paragraph (5) of the State Law of Republic of Indonesia 1945
    MIC
    EAI
    DOI: 10.4108/eai.28-10-2023.2341836
Evita Isretno Israhadi1, Dien Candra1,*
  • 1: Universitas Borobudur
*Contact email: candra.dien1631@gmail.com

Abstract

It can be said that the position of election management institutions is strong, even stronger than other institutions, considering that election management is very vulnerable to political and power intervention. The phrase "independence" as specified in Article 22E paragraph (5) of the 1945 Constitution of the Republic of Indonesia means that the membership of election management commissioners must be free from political parties. Likewise, when making decisions regarding an election-holding policy, the same treatment must be given without taking sides toward certain parties. This type of research is Normative research. The approaches used are a statutory approach and a conceptual approach. The data source used is secondary data. Data analysis was carried out descriptively and qualitatively. Concluding was carried out using a deductive method from general to specific, especially those related to the research topic. The research finds that the Article above stipulates that general elections are held by a national, permanent, and independent general election commission. However, the 1945 Constitution does not require that the name of the institution be the General Election Commission (KPU). In this article, the commission referred to is only formulated in lowercase letters. Therefore, the name General Election Commission is a name given by law, not a name explicitly given directly by the 1945 Constitution.