The Reconstruction of the Settlement Arrangements Violation of Election Administration DPR Members, DPD and DPRD (Study of the Legislative Elections of a Democratic Indonesia)

Abstract

General Elections (Election) is the only means of manifesting the people’s sovereignty in choosing representatives in an institution of representatives, they are; the House of Representatives, People’s Representative Council, and the Regional House of Representatives (DPR, DPD, and DPRD) in the system of representative democracy of Indonesia. This institution of representatives which will run the sovereignty of the people in the conduct of Governance and State through the institutional functions of legislation, supervision, and budget as well as other functions set by the law. From a review of the electoral arrangements of members of people's representative institutions, it is law No. 8 of 2012 and the National Election Commission Regulation No.25 of 2013 on the administrative violation settlement of the Elections do not grant access (recht  vacuum) to related parties to be able to question the administrative violation settlement legally on the implementation of Elections by the election implementers (KPU). These conditions rules could potentially make injustice towards legal protection of voters and participants in the election. In addition, authorizing the election implementers (KPU) to resolve the violation itself contrary to law principle nemo judex in causa sua (prohibition break things concerning himself) and the principle of nemo judex in propria causa idoneus (one cannot be a judge for himself ). The condition is potentially bringing the injustice and legal uncertainty to provide protection against the vote of the people in the elections process. Reconstruction of the regulation offered by the researcher include: First, the clear distinction between the implementers and executive body and the body of election executive only. Secondly, it’s made ??different rules on administrative violation settlement process between the ad hoc institutions (executive) and permanent (implementer). To maintain neutrality and transparency the administrative violation settlement of executive body/ad hoc elections is resolved by the Election Supervision Committee one level above, while the administrative violation settlement of implementation by the implementers body, which are permanent settled by Hight Administrative Court (PTTUN) by arranging special official law. This settlement options is choosen as the character of the administrative settlement is recovery /  (reparatoir) or to correct (corrective) the original condition prior to the violation in this case the selection of the voice of the voters as the owner of sovereignty. Through reconstruction of the regulation of the administrative violation settlement of the election implementation legal protection for voters and real support in accordance with the will of the people to the participants in the election can be guaranteed purity.

Keywords: strengthening rules, administrative violation, rekonstruction, legislative elections