Abstract

The General Election is closely related to manifestation of popular sovereignty by seeing the results of the elections. This manifestation is the highest value of democracy. In fact, some elections are the result of manifestation of sovereignty if it is legally disputed. The election is a means of democracy that has been chosen among various available options, it becomes a tool for rolling and changing leaders in various positions (President and Vice President, DPR, Provincial DPRD, Regional and other positions). Based on the past elections, there are number of various legal cases concerning the results of the elections which is held every 5 years. In the future, an ideal concept is needed to deal with any disputes over election results to create an atmosphere of democracy that have the value of justice, expediency, and certainty. Keyword s: General Election, legally dispute, the concept of general election dispute settlement. DOI : 10.7176/JLPG/93-18 Publication date: January 31 st 2020

Highlights

  • Results and Discussion3.1 The Elections Results as a Manifestation of Popular sovereignty which is Legally Tested

  • The duties and authority of the KPU in organizing the Election of member of the DPR, DPD and DPRD include: a

  • The election is the activity of electing people or public officials, People's Representative Council, Regional Representatives Council, Regional People's Representative Assembly, and the President and vice President, or it becomes a means of public control over the future legislations and Presidential position

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Summary

Results and Discussion

3.1 The Elections Results as a Manifestation of Popular sovereignty which is Legally Tested. Election is a means of implementing popular sovereignty which is held directly, publicly, freely, confidentially, honestly and fairly in the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution It is essentially the activity of electing public officials to be the representatives of the DPR, DPD and DPRD, as well as the President and Vice President. Disputes over the determination of vote counting results of national elections by the KPU, conducted by election participants are the will to protect and fight for their constitutional rights, as mandated in Article 1 paragraph (2) of the 1945 Constitution stating that Sovereignty is in the hands of the people and implemented according to the Constitution. Further arrangements of resolving disputes on the results of the General Elections, including the Election of members of the DPR, DPD and DPRD, as well as the Presidential Elections, are stipulated in MK Regulation No 16/PMK /2009, as well as in Regulation MK No.17/PMK/2009

RESULTS
The validity of legal Idem arguments
Conclusion
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