PENETAPAN CALON TERPILIH ANGGOTA LEGISLATIF PADA PEMILU TAHUN 2009 PASCA DIKELUARKANNYA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 22-24 / PUU-IV/2008 TERHADAP NOMOR URUT CALON LEGISLATIF
ABSTRAK: Reform movement
managed to break sacralization Act of 1945 to amend the Act of 1945. Among
them, the current election system settings contained in Section 22E of the
Constitution was born 1945. Kemudian Act No. 10 of 2008 on the Election of
Members of the DPR, DPD and DPRD. However, there are parties who feel aggrieved
by the existence of constitutional rights in several articles of the Law. One
way of determining candidates 214 Article by BPP and serial number. Formulation
of the problem in this study were: 1 ) What is the reason law judge of the
Constitutional Court issued a Constitutional Court Decision No.
22-24/PUU-IV/2008, and 2 ) What are the legal implications arising from the
issuance of the Constitutional Court Ruling No. 22-24 | PUU - IV/2008 the 2009
legislative elections. The type of research conducted was a normative legal
research. The analysis conducted in this study is a qualitative analysis. The
results of this research study are: 1 ) The reason the law judge issued a
Decision of the Constitutional Court is the Constitutional provision of Article
22-24 PUU-VI/2008 214 letters a, b, c, d, and e of Law No. 10 of 2008 is
unconstitutional because contrary to Article 27 paragraph ( 1 ), 28D ( 1 ) and
( 3 ), and 28E ( 3 ) of the Constitution of the Republic of Indonesia. 2 ) As
one of the legal implications arising from the issuance of the Decision of the
Constitutional Court against the election of 2009 was the establishment
candidates elected in 2009 did not have a strong legal basis.
Penulis: Farizal, Nurbeti,
Sanidjar Pebrihariati
Kode Jurnal: jphukumdd141326
