MAHKAMAH KONSTITUSI SEBAGAI ELECTION COURT: REFLEKSI TEORETIS

Abstract

The Constitution of Indonesia (UUD NRI 1945) confers authority to the Constitutional Court to decide disputes on the results of general elections. Theoretically, this authority develops the Constitutional Court as the election court. According to this background, this article proposes a theoretical reflection over the Constitutional Court’s role as the election court. The main issue is theoretical reflection on judging. The theory is normative because it claims about what should the Constitutional Court do instead of what did the Constitutional Court do. As the principle, it suggests prudentiality first and judicial activism second. This theory is to criticize, and then to correct, the Constitutional Court practices as the election court in the past.