ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 14/PUU-XI/2013 TENTANG PENGUJIAN UNDANG-UNDANG NOMOR 42 TAHUN 2008 TENTANG PEMILIHAN UMUM PRESIDEN DAN WAKIL PRESIDEN TERHADAP UNDANGUNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945
ABSTRACT: In principle, in
deciding the case of judicial review, the Constitutional Court can only act as a
negative legislator, means that only the Constitutional Court can declare
chapter, paragraph,section or all norms of law contrary to the Constitution of
1945, and is no longer have bindingforce. It is as defined in Article 56 and
Article 54 of Law No. 8 of 2011 on the Constitutional Court.However, in the
development, the Constitutional Court made several decisions that do not justcancel
the norm, but also make the decision that is set (positive Legislature). In a
normativejuridical perspective, judicial activism actions that lead to positive
position Legislature, is not in accordance with the article above and beyond
the limits impressed. Yet, when examined, severaldecisions of the
Constitutional Court which is positive and the Legislature would indicate
evidence of progressive law enforcement. This type of research can be
classified into types of normative legal research, namely thelaw library. In a
study author conducted a study of the principles of law and legal systematics
dotted benchmarks of areas specific legal system, by conducting the
identification prior to the legal rules that have been formulated in the
specific legislation, the data sources used, the data primary,secondary data,
and the data tertiary. From the research, there are three main issues that can
be inferred First, The Supreme Court judgment is a link between the system of
elections and the presidential system of government, theoriginal intent of the
framer of the 1945 Constitution, as well as the effectiveness and efficiency ofelections,
as well as the right of citizens to vote intelligent. Second, the
Constitutional CourtDecision No. 14 / PUU-XI / 2013 in accordance with Law No.
8 of 2011 on the amendment of Act No. 24 of 2003 on the Constitutional Court
and the Constitutional Court Procedural Law. Third, thelegal implications of
that happening is to change the electoral system itself and also resulted to
theremoval of the articles that were canceled and must be followed by the
existence of a new law for the administration of elections itself, reduction in
election funding and provide more space widelyto the public to participate in
the election itself and protect the rights of society. Suggestions writer,is
expected to governments and the Commission to make regulations containing the
results of thedecision of the Constitutional Court Number 14 / PUU-XI / 2013..
Penulis: Rudy Andika Putra
Kode Jurnal: jphukumdd151483
