Analisis Putusan Mahkamah Konstitusi No. 100/PUU-XIII/2015 Terhadap Pengujian Uu No. 8 Tahun 2015 Tentang Pemilihan Umum Gubernur, Bupati Dan Walikota

Fajar, Isfan (2021) Analisis Putusan Mahkamah Konstitusi No. 100/PUU-XIII/2015 Terhadap Pengujian Uu No. 8 Tahun 2015 Tentang Pemilihan Umum Gubernur, Bupati Dan Walikota. Other thesis, Universitas Islam Riau.

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Abstract

General Election then Presidential Election and Regional Head Election. Based on Law Number 32 of 2004, participants in the Regional Head Election are pairs of candidates proposed by political parties or coalitions of political parties. This provision is amended by Law Number 12 of 2008 which states that participants in the Regional Head Election can also come from pairs of individual candidates who are supported by a number of people. This law follows up on the decision of the Constitutional Court (MK) which annulled several articles concerning election participants in Law Number 32 of 2004. The main argument of the petitioner's petition centered on the problem of disrupting or even not holding the elections for regional heads and deputy regional heads as scheduled. This is due to the provisions in the norms of the Law that are requested for review that require at least two pairs of candidates for regional head and deputy regional head. (Constitutional Court Decision no. 100/PUU-Xlll/2015) This type of research can be classified in the type of normative legal research, which discloses laws and regulations relating to legal theories that are the object of research. The approach taken is using a qualitative analysis approach by searching for data in books, journals and other scientific works related to this research. The data sources used are primary and secondary legal materials. The conclusions that can be obtained from the results of the research are: First, the main things that are considered by the Constitutional Court Judge in the decision Number 100/PUU-XIII/2015 concerning a single candidate pair. According to the Constitutional Court, in order to guarantee the fulfillment of the constitutional rights of citizens as well as a manifestation of the implementation of people's sovereignty, in terms of the right to be elected and to vote, the Regional Head Election must still be carried out even though there is one pair of candidates for regional head and deputy regional head even though it has been tried in earnest. to obtain at least two pairs of candidates. Basically the decision gave birth to a new norm, in the system of filling positions, the word elected refers to a system called election, not the meaning of plebiscite contestation (the election of "agree" or "disagree"). What is certain is that in the electoral system more than one candidate is required. Elections without contestation are essentially not elections that are in line with the Luber and Jurdil principles. Second, the Weaknesses and Disadvantages of the Regional Head General Election which is followed by a Single Candidate are generally divided into the scope: First, on the determination of a single candidate pair, the implementation of the campaign and the voting mechanism. gave birth to the General Election Commission Regulation Number 14 of 2015 concerning the Election of the Governor and Deputy Governor, Regent and Deputy Regent, and/or Mayor and Deputy Mayor with One Pair of Candidates. Second, the Procedural Law of Election Results Disputes at the Constitutional Court.

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