Abstract
The filling of replacements for elected members of the House of Representative who no longer meet the requirements at the time of election with a candidate who has a lower vote than other candidates by the party is contrary to the open list proportional electoral system. This study describes the process of changing candidates who no longer meet the requirements at the time of voting in terms of the applied electoral system. The research method uses normative juridical research. The determination of the elected candidates for the House of Representative members in an open list proportional system is determined by the majority of the votes acquired by the candidates. The vote of a candidate who no longer meets the requirements to become the valid vote of a political party, in an open list proportional electoral system, the party should cast the vote to the candidate who has the next most votes to gain a seat in the parliament. Parties as participants in the elections for the House of Representatives do not have the discretionary power to transfer their votes to candidates who have lower votes than other candidates because they are against the morals and ideals to be achieved in the application of an open list proportional electoral system.
Highlights
Filling in the members of the People's Representative Councilwith the most votes gained from the results of general elections who no longer meet the requirements or have died in the open list system of proportional elections should be replaced by candidates for DPR members with the second most votes with political parties. and the same constituency
Abstrak The filling of replacements for elected members of the House of Representative who no longer meet the requirements at the time of election with a candidate who has a lower vote than other candidates by the party is contrary to the open list proportional electoral system
This study describes the process of changing candidates who no longer meet the requirements at the time of voting in terms of the applied electoral system
Summary
Filling in the members of the People's Representative Council (hereinafter referred to as DPR). Candidates who no longer meet the requirements at the time of the election and are still on the ballot papers and punched by voters, based on Article 55 Paragraph (3) of the General Election Commission Regulation Number 3 of 2019 concerning Voting and Counting of Votes in General Elections, the votes are declared valid and become the legitimate vote of a political party because based on Article 172 of the Election Law those participating in the election for DPR members are political parties not from individuals (UUD 1945, Art. 22E Paragraph (3)). Granting the widest possible authority to political parties in determining the transfer of vote acquisition against the substance of the people's sovereignty and the application of an open list proportional system election in the election of members of the DPR where political parties have the opportunity not to apply the substance of the people's sovereignty itself. According to the author, political parties must have limitations regulated by statutory regulations so that they do not exceed the boundaries that are contrary to the wishes of the people as the holder of the highest sovereignty in the country
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