Kekuatan Hukum Putusan Dewan Kehormatan Penyelenggara Pemilu terhadap Penetapan Calon Presiden dan Wakil Presiden

This research discusses the legal strength of the decision of the Election Organizer Honorary Council (DKPP) regarding the determination of presidential and vice presidential candidates by the General Election Commission (KPU). DKPP is an institution tasked with enforcing the code of ethics for election organizers by issuing final and binding decisions. However, this "final and binding" nature is often questioned in the context of whether DKPP decisions are equivalent to decisions of formal judicial institutions. This research highlights the legal strength of DKPP decisions in the context of determining presidential and vice presidential candidates, especially in cases of violations of the code of ethics by the KPU. Through normative research methods that examine statutory regulations and juridical analysis, this research finds that although DKPP decisions are binding for election management institutions such as the KPU and Bawaslu, these decisions do not have permanent legal force like formal judicial decisions and can become the object of a lawsuit in court. State Administration (PTUN). The research results show that although the DKPP decision is final and binding on the relevant agencies, it is limited in nature as part of internal supervision and can become the object of a lawsuit in the state administrative court. This confirms that the DKPP does not have the same legal power as formal justice, even though its decisions must be implemented by the parties involved in holding elections.

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Publication Details

Journal
Journal Evidence Of Law
Published
2025-04-04
DOI
https://doi.org/10.59066/jel.v4i1.1052
Primary Topic
Indonesian Election Politics and Participation
Type
article
Field-Weighted Citation Impact
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article

Kekuatan Hukum Putusan Dewan Kehormatan Penyelenggara Pemilu terhadap Penetapan Calon Presiden dan Wakil Presiden

Adhitya Arum Dananjaya, Syofyan Hadi
Journal Evidence Of Law
Indonesian Election Politics and Participation
article

Kekuatan Hukum Putusan Dewan Kehormatan Penyelenggara Pemilu terhadap Penetapan Calon Presiden dan Wakil Presiden

Adhitya Arum Dananjaya, Syofyan Hadi
article en

Abstract

This research discusses the legal strength of the decision of the Election Organizer Honorary Council (DKPP) regarding the determination of presidential and vice presidential candidates by the General Election Commission (KPU). DKPP is an institution tasked with enforcing the code of ethics for election organizers by issuing final and binding decisions. However, this "final and binding" nature is often questioned in the context of whether DKPP decisions are equivalent to decisions of formal judicial institutions. This research highlights the legal strength of DKPP decisions in the context of determining presidential and vice presidential candidates, especially in cases of violations of the code of ethics by the KPU. Through normative research methods that examine statutory regulations and juridical analysis, this research finds that although DKPP decisions are binding for election management institutions such as the KPU and Bawaslu, these decisions do not have permanent legal force like formal judicial decisions and can become the object of a lawsuit in court. State Administration (PTUN). The research results show that although the DKPP decision is final and binding on the relevant agencies, it is limited in nature as part of internal supervision and can become the object of a lawsuit in the state administrative court. This confirms that the DKPP does not have the same legal power as formal justice, even though its decisions must be implemented by the parties involved in holding elections.

Journal Evidence Of LawVol. 4(1)
Universitas 17 Agustus 1945 Surabaya (ID)
Openalex Percentile: Top 89%
Indonesian Election Politics and Participation
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