ANALISIS KEDUDUKAN KOMISI PEMILIHAN UMUM (KPU) SEBAGAI LEMBAGA INDEPENDEN DALAM SISTEM KETATANEGARAAN INDONESIA (986)
Hukum Tata Negara
Lylych Indar Merdekawaty, 2009. AN ANALYSIS ON THE POSITION OF GENERAL
ELECTION COMMISSION (KPU) AS AN INDEPENDENT INSTITUTION IN INDONESIASTATE
GOVERNANCE SYSTEM. Law Faculty of SurakartaSebelasMaretUniversity.
studies and answers the problem about the position of General Election
Commission (KPU) as an independent institution in Indonesiaís state governance system
as well as its task and authority in the general election (Pemilu) organization.
In addition, it also aims to find out the obstacles the KPU encounters in
organizing the general election.
belongs to a normative research type that is descriptive in nature with
statutory approach. The data sources employed were primary, secondary and
tertiary law materials. Technique of collecting data used was documentary study
with a deductive analysis technique.
The result of
research shows that the presence of KPU in Indonesiaís
state governance system has indirectly determined the parties that will sit on
the legislative and executive authority in Indonesia. The position of General
Election Commission as an independent institution is viewed according to the
institutional function to help the President in organizing the general
election. The General Election Commission is established based on Section 22E
(5) of 1945 Constitution. Nevertheless, the General Election Commission
hierarchically belongs to the second layer of organ because the name of General
Election Commission is mentioned clearly in the 1945 Constitution for it is
written in capital letter. After the law foundation of General Election
Commission is renewed based on the Act Number 22 0f 2007 about the General
Election Organizer, the position of it becomes stronger because of clear
mention of its name. Considering the law foundation of this act, the General
Election Commission can be categorized into the second layer of organ or the
second group of state institution. The General Election Commission as the
general election organizer has the task, authority and obligation according to
what determined in Act Number 22 of 2007 about the organization of General
Election. The implementation of General Election Commissionís task, authority
and obligation in Indonesiaís
state governance system faces many obstacles, both juridical and technical.
Keywords: General Election
Commission, independent institution, Indonesiaís state governance