PENCALONAN KEPALA DAERAH DAN WAKIL KEPALA
DAERAH PADA KPU PROVINSI MALUKU SEBAGAI
IMPLIKASI PELAKSANAAN PUTUSAN PTUN AMBON
Nomor: 05/G/2013/PTUN.ABN
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Institusion
Universitas Atma Jaya Yogyakarta
Author
MATULESSY, BARBALINA
Subject
Hukum Ketatanegaraan
Datestamp
2015-01-21 12:45:08
Abstract :
This study aimed to examine and analyze the nomination process of ViceGovernorand Deputy Governor on the General Election Commission (KPU) of Maluku Province as the implication of the decision of the Administrative Court of Ambon Number: 05/G/2013/PTUN.ABN. This library study dealt with the election of Governor and Deputy Governor by the Maluku Provincial Election Commission (KPU Maluku) and the Administrative Court (PTUN) and used a law political approach as the method. The findings of the study proved that: (1) The Court Administrative Decision of Ambon Number: 05/G/2013/PTUN.ABN regarding to a lawsuit against the Decree of Maluku Provincial Election Commission in 2013 Number: 16/Kpts/KPU-028-PROV/IV/2013 on the Determination of Eligible Pairs of Candidates for the General Election of Governor and Deputy Governor of Maluku Province in 2013 experienced uncertainty due to the Administrative officials noncompliance (Maluku Provincial Election Commission) against the decision of the Administrative Court which has been inkrachtor had permanent legal enforce. The disobedience officer of the Administrative against the delecion of the Administrative Court was indicated by the ongoing election process until the inauguration of the elected Governor and Deputy Governor. (2) The compliance of the Administrative officials (Maluku Provincial Election Commission) tended to be to another judicial institution, the Constitutional Court, without the jurisdiction to try the matter and the object of dispute. (3) The legal consequence from the cancellation of the Decree of Provincial and Regency/City Election Commision on the determination of candidates who fulfilled the administrative requirements had been null and void. The cancellation of the administration itself cancelled all the selection process up to the inauguration.
This study aimed to examine and analyze the nomination process of ViceGovernorand Deputy Governor on the General Election Commission (KPU) of Maluku Province as the implication of the decision of the Administrative Court of Ambon Number: 05/G/2013/PTUN.ABN. This library study dealt with the election of Governor and Deputy Governor by the Maluku Provincial Election Commission (KPU Maluku) and the Administrative Court (PTUN) and used a law political approach as the method. The findings of the study proved that: (1) The Court Administrative Decision of Ambon Number: 05/G/2013/PTUN.ABN regarding to a lawsuit against the Decree of Maluku Provincial Election Commission in 2013 Number: 16/Kpts/KPU-028-PROV/IV/2013 on the Determination of Eligible Pairs of Candidates for the General Election of Governor and Deputy Governor of Maluku Province in 2013 experienced uncertainty due to the Administrative officials noncompliance (Maluku Provincial Election Commission) against the decision of the Administrative Court which has been inkrachtor had permanent legal enforce. The disobedience officer of the Administrative against the delecion of the Administrative Court was indicated by the ongoing election process until the inauguration of the elected Governor and Deputy Governor. (2) The compliance of the Administrative officials (Maluku Provincial Election Commission) tended to be to another judicial institution, the Constitutional Court, without the jurisdiction to try the matter and the object of dispute. (3) The legal consequence from the cancellation of the Decree of Provincial and Regency/City Election Commision on the determination of candidates who fulfilled the administrative requirements had been null and void. The cancellation of the administration itself cancelled all the selection process up to the inauguration.
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