2024, Vol. 4, Issue 1, Part B
Comprehensive review of the deferral of the final and binding meaning of the decision of the ethics council of the election organizer
Author(s): Ni Putu Diah Prawerti Astuti and I Gede Yusa
Abstract: The purpose of this study is to know and analyze the basic regulations and ideas regarding the final and binding nature of the Ethics Council of Election Organizers and the existence of the final and binding nature of the decisions of the Ethics Council of Election Organizers after the issuance of the Constitutional Court's decision in order to realize elections with integrity in Indonesia. This article uses normative legal research with statutory, analytical, and conceptual approaches. The findings show that the basic regulations and conceptions regarding the final and binding nature of the Election Organizers Ethics Council are those of a state auxiliary body. The final and binding nature makes the existence of the Board of Ethics of Election Organizers more of an auxiliary body to supervise election officials. The Constitutional Court in its Decision No. 32 / PUU-XIX / 2021 has stated that the Election Organizers Ethics Council is not a judicial body that exercises judicial powers within the meaning of Article 24 paragraph (1) of the Indonesian Constitution of 1945. Therefore, the Board of Ethics of Election Organizers is not suitable to be considered as another body that exercises judicial powers because the General Election Commission and the Election Supervisory Board are election organizers that have an equal position. In order to avoid legal uncertainty with regard to these provisions, the Court must reaffirm that the final and binding decision of the Ethics Council of election organizers cannot be equated with the final and binding decision of the judiciary in general.
Pages: 97-102 | Views: 534 | Downloads: 217Download Full Article: Click Here
How to cite this article:
Ni Putu Diah Prawerti Astuti, I Gede Yusa. Comprehensive review of the deferral of the final and binding meaning of the decision of the ethics council of the election organizer. Int J Law Justice Jurisprudence 2024;4(1):97-102.