Implikasi Putusan Mahkamah Konstitusi Nomor 17/Puu-Vi/2008 Terhadap Calon Kepala Daerah Yang Masih Menjabat Pada Pemilihan Umum Kepada Daerah Sumatera Barat

Dari, Permata Indah (2011) Implikasi Putusan Mahkamah Konstitusi Nomor 17/Puu-Vi/2008 Terhadap Calon Kepala Daerah Yang Masih Menjabat Pada Pemilihan Umum Kepada Daerah Sumatera Barat. S1 thesis, Universitas Andalas.

Text (Full teks) OK S1 Hukum 2011 Indah Permata Sari 07140180.pdf - Published Version Restricted to Repository staff only Download (6MB)

Abstract

in the ruling of the Constitutional Court Number 17/PUU-V1/2(X)8 about prospective incumbent in elections, the revoke of Article 58 letter q Act No. 12 of 2008 juncto Act No. 32 Year 2004 regardir^ Regional Government, stales that candidates must resi^ incumbent not to be able to run again in the next election. Problems discussed in this Skripsi is about the legal arrangements concerning the existence incumbent candidates at elections of regicmal heads of West Sumatra and the ImphcatitMis of the decision of the Constitutional Court No. 17/PUU-Vl / / 2008 against the election of regional heads of West Sumatra. The apfHoach taken is a sociological juridical methods to the study site at KPU in West Sumatra Province. The technique is carried out interviews and document study, then the collected data are edited according to the needs. Constitutional Court's decision has provided nexibility for incumbent candidates to put themselves without resigning before to back at the next electi<m. And reflect the same position for every citizen in law and govemmoit as it has been mandated in Article 27 UUD 1945. On the other haixl the existence of the ConstituticMial Court's decision has caused an imbalance of law. Overlap betw^n the position as Head of R^onal and candidates.Overlap between the position as Head of Regional and candidates was often makes incumbent do things that are considered in an unregulated and oft^ considered as a deviant act Besides the absmce of strict rules or provisions relatii^ to nomination back incumbent Regional Head and the absence of institutions that oversee incumbent make potential caiKlidates for the greater. Juridical implications of the Constitutional Court decision No. 17/PUU-V1/2008 is made the decision of the Constitutional Court has become the new rxmn that has binding legal force and its decision was final. On the other hand the Constitutional Court ruling raises political injustice. Competition which is often felt unwell between incumbent candidates and non incumbent candidates has delivered a political climate that is not conducive in this country. Social envy among fellow competitcHS became increasingly felL So that it can result in h^mented politic^ very political interest collide, aixl the election did not go according to its real purpose. Estuary is the pet^le \Wio often become casualties of political interests.

Actions (login required)

View Item