Constitutional Court Authority and the Implementation of Democratic Legal Countries in Dispute Settlement General Selection Results

DOI

10.2991/aebmr.k.200513.068How to use a DOI?

Keywords

democratic, rule of law

Abstract

Democracy contains the sacred meaning adopted by most countries in the world. Democracy has become a universal principle that places people’s sovereignty in an honorable position on the stage of state power. The formulation of the problem in this paper is (1.) What is the authority of the Constitutional Court in the resolution of disputes over general election results (PHPU) to realize a democratic rule of law (2.) What is the mechanism for resolving disputes over general election results (PHPU) to realize a democratic rule of law? (3.) What is the concept faced by the Constitutional Court regarding the Judge’s Decision in the resolution of disputes over the results of general elections (PHPU)? The research method used is a juridical-normative approach, research specifications are descriptive-analytical and data collection. Results in the Constitutional Court are as follows: The authority of the Constitutional Court in realizing the settlement of disputes over the results of a democratic general election (PHPU). The Constitutional Court is single and does not have a judiciary under it and is not subordinate to other institutions. Dispute Resolution of General Election Results (PHPU) there are 3 (three) different General Elections in the submission of General Election Results Disputes (PHPU). The concepts encountered are non-juridical factors. and juridical factors. The existence of a free judicial power is one of the prerequisites for the rule of law in addition to the other conditions. The Constitutional Court has the authority to adjudicate at the first and last level where the decision is final. The Constitutional Court Judges in the case of proceedings do not only refer to the Constitutional Court Regulations but rather consider violations that are Subtantive, Systemic and Massive.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Purwanto
PY  - 2020
DA  - 2020/05/20
TI  - Constitutional Court Authority and the Implementation of Democratic Legal Countries in Dispute Settlement General Selection Results
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 343
EP  - 346
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.068
DO  - 10.2991/aebmr.k.200513.068
ID  - 2020
ER  -