POLITIK HUKUM SISTEM PEMILU LEGISLATIF DAN PRESIDEN TAHUN 2009 DAN 2014 DALAM PUTUSAN MAHKAMAH KONSTITUSI
Abstract: The election in
Indonesia is regulated by the Electoral Law which is always changing. One of
the reasons was due to a judicial review at the Constitutional Court, for
example related to the Election Law in 2009 and 2014. As a result, there arose
several problems, first, how is the political direction of the legal system of
legislative and presidential elections in 2009 and 2014 related to the
Constitutional Court's decision? Secondly, what are the political implications
of the law on the Constitutional Court's ruling against the system of
legislative and presidential elections in 2009 and 2014? This study will
examine the subject of the matters through the juridical-normative approach and
case approach. The study concluded, first, the legal political system of
elections in 2009 and 2014 in the decisions of the Constitutional Court is more
about the maintenance to achieve the substantive democracy, while the democracy
procedural got less attention. Thus, some Constitutional Court's decisions
ignore the nature of procedural democracy in order to obtain substantial
democracy. Secondly, the Constitutional Court's decisions raise several direct
and indirect implications.
Penulis: Bagus Anwar
Hidayatulloh
Kode Jurnal: jphukumdd141298
