PENENTUAN CALON BERDASARKAN SUARA TERBANYAK DAN IMPLEMENTASINYA TERHADAP PERMOHONAN SENGKETA HASIL PEMILU
Nuruddin Hady
Abstract: The MK’s (Mahkamah Konstitusi) verdict which abolish party’s series in determining chosen candidate of Indonesian legistilative assembly, province Indonesian legistilative assembly and Assembly at provincial, regional, or municipal level, not only weakening the role and position of politic party as a institution and main pillar of existing democracy in politics recruitment process, but actually also inappropriate with the spirit of paragraph 22E verse 3 of UUD 1945, since the election of Indonesian legistilative assembly members, province Indonesian legistilative assembly and Assembly at provincial, regional, or municipal level which used as election member constitutionally in a individual politics party. Furthermore, it will also emerge new law problems, because as candidate of legislative is tricked by another candidate from the same party and that vote is significant since it will influence the competing chair, then it cannot submit accusation or lawsuit petition of election result, because the one that can be legal standing in lawsuit petition of election result toward Constitution of Supreme Court is politics party not legislative candidate.
Keywords: determination of chosen legislative candidate, lawsuit petition of election result
