Reconstruction of the Position of the Honorary Council of Election Administrators in the Judicial System in Indonesia

Abstract

The placement of DKPP as a unitary function of the joint election organizer with the KPU and Bawaslu in article 1 number 7 of Law 7/2017 on General Election has made the position of DKPP unclear, whether DKPP is qualified as a state administrative organ (TUN), or as an independent body outside the organizer elections whose function is related to judicial power. The unclear position implies that the DKPP decision does not have legal certainty because legal remedies can be made at the State Administration Court. As a form of us constituendum , the author offers to reconstruct the position of DKPP in the judicial system by removing the DKPP from the election management environment, so that what is meant by election organizers only consists of the KPU and Bawaslu. As well as DKPP in the General Election Law is defined as a body whose function is related to judicial power and has the duty to enforce the code of ethics of election administrators. The author is of the view that with the new formulation arrangements regarding the DKPP, the space for the DKPP is not burdened by the boundaries of the election organizer, and the decisions issued cannot be taken legal remedies to the Administrative Court.