Judicial Review Analysis of the General Election Law Number 42 of 2008 and Implications for the 2019 Simultaneous Elections

Abstract

The Constitutional Court (MK) is a high state institution in the Indonesian constitutional system that holds judicial power with the Supreme Court according to Law No. 4 of 2003 article 1. It executes independent judicial power for the administration of justice for law enforcement and equity. As stated by the 1945 Constitution, the Constitutional Court has the authority to adjudicate to examine laws toward the Constitution or, in other words, it functions as a guardian of the Constitution. General Elections are held once every five years to elect pairs of candidates for president/vice president and legislative members. Indonesia currently holds elections simultaneously between these two elections in one day, in contrast to the elections in previous years. One thing that catches the public's attention is that the holding of simultaneous elections in 2019 is felt to have not met their expectations. The origin of the simultaneous elections was caused by the number of activists and circles requesting the Constitutional Court to cancel the norm. The presidential and legislative elections were held separately. Then, the Constitutional Court decision Number 14/PUU-XI/2013 affirms that the legislative and presidential elections must be concurrent and interprets the elections held separately as Unconstitutional stated by the 1945 Constitution. Several Constitutional Court considerations were also given in line with various decision aspects, but the expectation of these considerations did not reach an upright and correct general election in 2019. Therefore, the author is interested in writing about the analysis of the Authority of the Constitutional Court in Judicial Review of General Election Implementation Materials and Implications for the 2019 Election.