Progressivity Of Constitutional Courts Decision A Study Of Regional Election Dispute In IndonesiaJournal: International Journal of Scientific & Technology Research (Vol.6, No. 3)
Publication Date: 2017-03-15
Authors : Yuslan; A. Pangerang Moenta; Marthen Arie; Irwansyah;
Page : 72-76
Keywords : Constitutional Court; Election Systems; Regional Election;
The Constitutional Court as a constitutional court must find a law by studying the legal principles and norms in the constitution. The norm as a measure that must be fulfilled by everyone in relation to other or their surroundings. The type of research was a normative research. The approaches used in the research were statute case historical comparative and conceptual. The results of the research indicate that the ideal characteristic of the Constitutional Courts dispute in realize a justice in regional elections through ways of upholding the principles of progressive electoral law and ultra vires. Based on analysis result it is necessary a paradigm shift in the Constitutional Court in realize a justice at the regional elections from analytical jurisprudence towards sociological jurisprudence. Constitutional Court to consider the imposition of a decision regarding an offense the elements of systematic structured and massive along disputes the result of vote counting. In addition a progressivity is needed in shaping the jurisprudence distribution systems of Special Courts under the judicial authority of the constitutional court.
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