Kewenangan Mahkamah Konstitusi untuk Mendiskualifikasi Peserta Pemilihan Umum dalam Putusan Perselisihan Hasil Pemilihan Umum

Abstract

The Constitutional Court was born because of the desire to make Indonesia a democratic legal state, where the community can contribute to the administration of state government power and the direction of the state. In this case, the emphasis on democracy is the purpose of checks and balances, which are basically an essential element of the separation of powers so that they cannot be in full power. This democracy also lies not only in one of the powers of the Constitutional Court to provide a judicial review of laws and regulations to be in line with the mandate of the Constitution, but also other powers of the Constitutional Court also summarize that the legal state system becomes democratic, such as the Constitutional Court's authority to resolve and decide disputes over election results. In general, there is a conflict of interest not only between participants in the General Election but also the problem with the organizing agency that can make mistakes in carrying out the implementation of the general election. Disputes over the general election results (PHPU) include Disputes over the results of the general election for President and Vice President and Disputes over the general election results, namely members of the People's Representative Council (DPR), Regional Representatives Council (DPD), and Regional People's Representative Council (DPRD). However, since the issuance of Law Number 12 of 2008 concerning the Second Amendment to Law Number 32 of 2004 concerning Regional Government, the authority of the Constitutional Court has been added, namely the results of the elections which are the authority of the Supreme Court (MA). Its development and the breakthrough in the decision of the Constitutional Court in producing election results only proves that the Constitutional Court does not only evaluate the results of the calculation of the number of votes for the new pair moving to a court that oversees democracy which is mandated in the 1945 Constitution by holding general elections democratic. The decisions of the Constitutional Court that disqualify election participants in the post-conflict local elections are the basis for jurisprudence as well as legal interpretations and analogies for other elections, especially in 2024, simultaneous elections will be carried out as a whole. it can also be said that the decisions of the Constitutional Court that qualified the election participants were ultra petita.