TINJAUAN YURIDIS TERKAIT STATUS PEROLEHAN SUARA CALON ANGGOTA LEGISLATIF TERPILIH YANG MENINGGAL DUNIA (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 57 P/HUM/2019
Abstract
The Elected Legislative Member Candidate who dies is essentially replaced by the owner
of the next most votes. The provisions governing the matter are contained in Article 422 and
Article 426 paragraphs (1) and (3) of Law Number 7 of 2017 concerning General Elections. The
purpose of writing this thesis: First, to find out the legal considerations of the Supreme Court
Number 57 P/Hum/2019 which states about the status of the votes acquired by the elected
legislative candidates who died. second, to find out the legal perspective of the general election
regarding the legal considerations of the Supreme Court Number 57 P/Hum/2019. The author
conducts research using normative juridical methods or literature studies in order to obtain
secondary data, namely by studying and analyzing comparatively descriptive laws and regulations
with theories that have a relationship with the problems studied.
From the results of this study, there are two main things that can be concluded: First, the
legal considerations in the Supreme Court Decision Number 57 P/Hum/2019 contradict the
contents of Article 422, Article 426 paragraphs (1) and (3) of Law Number 7 Year 2017
concerning General Elections. Second, Based on the Perspective of Election Law in Law Number 7
of 2017 concerning General Elections, it is stated that those who replace the elected Legislative
Member candidates who die are based on the majority of votes.
The author's suggestion is that the Supreme Court as one of the actors of judicial power in
the case of the application for the right to judicial review is to pay more attention to the applicable
laws and regulations in providing legal considerations. So that in the future the parties involved in
the case, namely the applicant and the respondent, do not result in misunderstanding the decision
or causing errors. Legislation under laws such as PKPU relating to the issues discussed above in
order to pay more attention to laws and regulations that have a higher position, namely in this
study Law Number 7 of 2017 concerning Elections. As well as paying attention to matters
including the rights of election participants, namely political parties which have also been stated
in Law Number 2 of 2008.
Keywords: Juridical Review – Voting Status – Legislative Candidate
of the next most votes. The provisions governing the matter are contained in Article 422 and
Article 426 paragraphs (1) and (3) of Law Number 7 of 2017 concerning General Elections. The
purpose of writing this thesis: First, to find out the legal considerations of the Supreme Court
Number 57 P/Hum/2019 which states about the status of the votes acquired by the elected
legislative candidates who died. second, to find out the legal perspective of the general election
regarding the legal considerations of the Supreme Court Number 57 P/Hum/2019. The author
conducts research using normative juridical methods or literature studies in order to obtain
secondary data, namely by studying and analyzing comparatively descriptive laws and regulations
with theories that have a relationship with the problems studied.
From the results of this study, there are two main things that can be concluded: First, the
legal considerations in the Supreme Court Decision Number 57 P/Hum/2019 contradict the
contents of Article 422, Article 426 paragraphs (1) and (3) of Law Number 7 Year 2017
concerning General Elections. Second, Based on the Perspective of Election Law in Law Number 7
of 2017 concerning General Elections, it is stated that those who replace the elected Legislative
Member candidates who die are based on the majority of votes.
The author's suggestion is that the Supreme Court as one of the actors of judicial power in
the case of the application for the right to judicial review is to pay more attention to the applicable
laws and regulations in providing legal considerations. So that in the future the parties involved in
the case, namely the applicant and the respondent, do not result in misunderstanding the decision
or causing errors. Legislation under laws such as PKPU relating to the issues discussed above in
order to pay more attention to laws and regulations that have a higher position, namely in this
study Law Number 7 of 2017 concerning Elections. As well as paying attention to matters
including the rights of election participants, namely political parties which have also been stated
in Law Number 2 of 2008.
Keywords: Juridical Review – Voting Status – Legislative Candidate
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