Justitia et Pax
Vol 37, No 2 (2021): Justitia et Pax Volume 37 Nomor 2 Tahun 2021

PARADIGMA MAKNA FINAL DAN MENGIKAT PUTUSAN DEWAN KEHORMATAN PENYELENGGARA PEMILU

Ismail, Ismail (Unknown)
Hapsoro, Fakhris Lutfianto (Unknown)



Article Info

Publish Date
22 Dec 2021

Abstract

In several cases of settlement of the State Administrative Court, the Panel of Judges annulled the Presidential Decree (beschikking) which followed up on a Decision of the Honorary Council of Election Organizers regarding the dishonorable dismissal of members of the General Election Commission. Basically, the decision of the Honorary Election Organizing Council is final and binding. With this practice in mind, this paper discusses how the paradigm is "final and binding" in the Decisions of the Honorary Election Organizing Council and what the consequences are for legal certainty. This paper uses a normative juridical approach. The results of this paper indicate that the "final and binding" nature of the DKPP Decision has a paradigm of meaning and creates uncertainty and disruption of legal order in the administration of elections and nullifies the essence of the existence of DKPP as an ethical judiciary institution that balances power (checks and balances).

Copyrights © 2021






Journal Info

Abbrev

justitiaetpax

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JEP is primarily aimed to facilitate the legal scholars, researchers or practitioners in publishing their original or reviewed articles as well as to support the enactment of in-depth discussions on the related issues. It is also purposed to become a source of reference for those are involved in ...