AUTHORITY OF THE ELECTION SUPERVISORY BOARD (BAWASLU) DELETES THE REGULATION MADE BY THE GENERAL ELECTION COMMISSION (KPU) IN ORGANIZING GENERAL ELECTIONS

I Gede Suantara, Galang Asmara, Minollah

Abstract:

The existence of a lawsuit on 14 Political Parties that are candidates for the 2019 Election Contest that have not passed the Administration verification to Bawaslu, where the KPU Regulation (PKPU) Number 11 of 2017 made by the KPU institution is considered contrary to the provisions stated in Law Number 7 of 2017 concerning General Elections, in particular the use of the Political System Application (SIPOL) in registering and verifying Political Parties to become Participants in the 2019 Election, and in the Bawaslu Decision to annul some of the regulations made by the KPU, resulting in legal uncertainty and the election schedule. The results of the research are the existence of disputed objects KPU Regulation No. 11 of 2017 is associated with several theories of legislation and state institutions in relation to the use of authority deemed beyond authority, Bawaslu annulled KPU Regulation No. 11 of 2017 concerning Registration, Verification, and Determination of Participant Political Parties General Election of Members of the House of Representatives and Regional Representatives. Because it is clear in Law Number 12 of 2011 concerning the Establishment of Legislation especially Article 9 paragraph (2) and in Law Number 7 of 2017 concerning General Elections article 76 paragraph (1), it is related to the matter referred to in the Bawaslu institution before prosecuting Political Parties, submit a judicial review to the Supreme Court, because this institution has the authority to test it. However, at the stage of the implementation of the General Election, the KPU institution obeys and obeys to follow the decisions issued by state institutions, so that the result of the decision resulted in Changes to the 2019 Election Schedule, Program and Stages and the Election of 2019 Participating Political Parties.

 

Keywords: authority bawaslu, KPU, organizing general elections

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