Jurnal Konstitusi
Vol 12, No 1 (2015)

Implementasi Kewenangan DKPP Pasca Putusan Mahkamah Konstitusi Nomor 115/PHPU.D-XI/2013

Darwis, Muh. Salman (Unknown)



Article Info

Publish Date
20 May 2016

Abstract

The existence of DKPP as one of the administration institutions of elections, causing a variety of problems in the implementation of its authority. This is due to the absence of a sufficiently clear parameters or benchmarks used by DKPP in dealing with the violations of code of conducting for the election. Finally, using the argument of the restorative justice, DKPP takes care ofthe implementation of the election by assigning the couplecandidate of participants forthe election and solves the disputes of determination of couple candidate for the election. The decison of Constitutional Court No. 115/PHPU.D-XI/2013,warns the DKPP to be consisten,adjudicating, and determine the violations of code of conduct in theimplementation of the election. Besides, decisions of DKPP shouldcharacteristically be recommendation and not be final and binding because it inflicts psychological effects forboard of KPU as well as bawaslu that is thefear of dismissal sanction or temporary dismissal and potentially incurring prolongedlaw polemic.

Copyrights © 2015






Journal Info

Abbrev

jk

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Constitutional Law and another ...