Analisis Yuridis Putusan Mahkamah Konstitusi Nomor 68/PUU-XX/2022 Tentang Pengujian Undang-undang Nomor 7 Tahun 2017 tentang Pemilihan Umum

Nelda, Nurul Shabrina and Admiral, Admiral (2023) Analisis Yuridis Putusan Mahkamah Konstitusi Nomor 68/PUU-XX/2022 Tentang Pengujian Undang-undang Nomor 7 Tahun 2017 tentang Pemilihan Umum. Other thesis, Universitas Islam Riau.

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Abstract

The Indonesian Change Guard Party (Garuda Party) requests a judicial review of Article 170 paragraph (1) along with the Elucidation of Law Number 7 of 2017 Concerning Elections. The main points of the petition are related to the phrase "state official" in Article 170 paragraph (1) The Petitioner considers Article 170 paragraph (1) and the Explanation to contradict Article 6, Article 6A paragraph (2) and Article 28I paragraph (2) of the Constitution of the State Republic of Indonesia in 1945 due to discriminatory treatment and the potential to harm the constitutional rights of the Petitioner in Article 170 paragraph (1) of Law Number 7 of 2017. Because according to the Petitioner the application of the norm of Article 170 paragraph (1) of Law Number 7 of 2017 and its Explanation does not exclude state officialsin caseThe Minister, from having to resign from his position when nominated as a candidate for President or vice presidential candidate by the Petitioner as a political party has the potential to cause harm to the Petitioner. Thus, the author can formulate the problems in this study, namely : First,What are the considerations of the Constitutional Justices in deciding Case Number 68/PUU-XX/2022 Regarding Reviewing Law Number 7 of 2017 Concerning General Elections? Second, What are the implications of the Constitutional Court Decision Number 68/PUU-XX/2022 Regarding Reviewing Law Number 7 of 2017 Concerning General Elections? This type of research is classified as a type of normative legal research. The nature of this research is analytical descriptive. The data or data sources in this study use primary data, secondary data, and tertiary data. The method of drawing conclusions with the deductive method, namely the technique of drawing conclusions from general to specific matters. The consideration of the Constitutional Court Judges was that the Constitutional Court Judges argued that it excluded state officials incasu Ministers and officials at the ministerial level who will be nominated as candidates for President or candidate for Vice President are exempted from not having to resign from their positions. Related to the Implications of the Constitutional Court Decision Number 68/PUU-XX/2022, namely by excluding ministers and ministerial-level officials from not having to resign from their positions if nominated as a candidate for President or candidate for Vice President, it is possible that there will be abuse of authority or abuse of power. In addition to abuse of power or authority, this situation can lead to competition between ministers in the government which results in disruption of public services. In addition, constitutional political ethics are also questioned.

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