Legal Review Of The Position And Duties Of The Ethical Council In The Implementation Of Elections (Study on the Election Organizer Honorary Council)
Abstract
The principle of honesty and fairness is the principle of elections which is integrated with the principles of direct, general, free and secret elections after the reforms. The addition of the principle of honesty and fairness as one of the principles in the implementation of democratic elections is not without reason. The principle of "honesty" implies that in the implementation of elections, every party related to the implementation of elections, including election organizers, government officials, election participants, election supervisors, election observers, and voters must behave and act honestly. Referring to the Election Law, the DKPP's decision is final and binding, and the KPU and BAWASLU must monitor its implementation in accordance with Bawaslu's responsibilities. DKPP decisions, functions and locations. The research method uses a normative and empirical juridical approach . The types of data used are secondary data and primary data. Data collection through library research and field research . The data analysis used is qualitative juridical. The results of the study show the position and duties of the Election Organizer Honorary Council as an institution that carries out a blending function between regulatory, administrative and punitive functions that are generally separated, but are appropriately carried out simultaneously by this new institution. Election organizers are treated as an ethics court. Legal settlement of violations of the code of ethics committed by the Election Organizer Honorary Council is final and binding, and the final decision after the DKPP decision comes into effect is decided and announced in the General DKPP General Assembly by providing legal remedies or other legal remedies, meaning nothing. That the decision is immediately binding and implemented. Therefore, all state and judicial administrators and DKPP decisions must be implemented correctly.
References
Anggalana. 2022. Implementation of Law Enforcement Against State Civil Apparatus Who Commit Violations in Regional Head Elections . Japhtn-Han, 1 (2).
Arifudin. 2017. Regional Head Elections as a Form of Implementation of People's Sovereignty . Bawaslu Journal, Volume 3, Number 3 .
Dewi Haryanti. 2015. Legal Construction of General Election Organizing Institutions in Indonesia Reviewed from the Sutefnbau Theory, Journal of Legal Reform . Volume II, Number 2 .
Didik Sukriono. 2009. Developing a General Election System in Indonesia . Constitutional Journal, Volume 2, Number 1.
Indah Satria and Reno Sunarya Pratama. 2022. Implementation Analysis of Government Regulation in Lieu of Law Number 2 of 2020 Concerning The Election of Governor, Mayor and Regent in the Central Pandemic Coronavirus Disease 2019 , Pranata Hukum, Volume 17 Issue 1.
Jenedri M. Gaffar. 2012. Constitutional Democracy: (Indonesian State Administration Practices after the Amendment to the 1945 Constitution ). Constitution Press, Jakarta .
Jimly Asshiddiqie. Outlook. 2016. Reflections and Projections, Election Organizer Honorary Council, Jakarta.
Kamalatuzzahroh, A. 2018. Comparison of the Concept of Rule of Law Sustainable Development Goals (SDGs) Point 16 and the Concept of Islamic Nomocracy .
Liando . 2016. Elections and Public Political Participation (Study on the Election of Legislative Members and the Election of President and Vice President Candidates in Minahasa Regency in 2014), LPPM Journal of EcoSocialBudKum Volume 3 Number 2 .
The Constitutional Court as the sole interpreter of the constitution means that the Constitutional Court is the sole interpreter of the constitution, further see Nanang Sri Darmadi. 2015. The Position and Authority of the Constitutional Court in the Indonesian Constitutional Law System . Journal of Legal Reform, Volume 2, Number 2 .
Marpaung, LA, Baharudin, B., Anggalana, A., & Affandi, M. 2021. Analysis of the Implementation of Regional Head Elections During the Covid-19 Pandemic Based on Law Number 6 of 2020 Concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2020 Concerning the Third Amendment to Law Number 1 of 2020. Face of Law, 5 (1), 30.
Mudiyati Rahmatunnisa. 2017. Why is Election Integrity Important?. Bawaslu Journal, Volume 3, Number 1.
Muhadam Labolo and Teguh Ilham. 2018. Political Parties and the General Election System in Indonesia, Rajawali Pers, Jakarta.
Prihatmoko et al. 2008. Winning Elections Amidst Party Oligarchy . Pustaka Pelajar, Yogyakarta .
Riski Hidayah. 2015. Thesis on the Position of the Election Organizing Council Based on the Function of Constitutional Law . (Yogyakarta PGRI Yogyakarta University) .
Sun Fatayati. 2017. The Relevance of Election Principles as an Effort to Create Democratic and Integrity-Based Elections . Tribakti Journal, Volume 28, Number 1 .
Wicipto Setiadi. 2008. The Role of Political Parties in Organizing Aspirational and Democratic Elections . Journal of Legislation, Vol. 5 Number 1, Directorate General of Legislation, Ministry of Law and Human Rights, Republic of Indonesia .
Xavier Nugraha, et al. 2019. Reconstruction of the Minimum Age Limit for Marriage as a Form of Legal Protection for Women (Analysis of Constitutional Court Decision No. 22/Puu-Xv/2017, Lex Scientia, Volume 3, Number 3 ).

















Contact Person +6282139474255
Email : ijevss@citakonsultindo.or.id / editor.ijevss@gmail.com