DISPARITAS PERTIMBANGAN HUKUM HAK M DALAM PUTUSAN MK NO. 30/PUU-XVI/2018 DAN PUTUSAN ,MA NO. 65 PIHUM/2018 TERKAIT JUDICIAL REVIEWATAS.SYARAT PENCALONAN ANGGOTA DPD

Situmorang, Doby Agustinus (2019) DISPARITAS PERTIMBANGAN HUKUM HAK M DALAM PUTUSAN MK NO. 30/PUU-XVI/2018 DAN PUTUSAN ,MA NO. 65 PIHUM/2018 TERKAIT JUDICIAL REVIEWATAS.SYARAT PENCALONAN ANGGOTA DPD. S1 thesis, UAJY.

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Abstract

Judicial Review is the constitutional mechanism held by the Indonesian Constitutional Court and the Supreme Court. The existence of different legal approach and legal consideration in examine the same substance of the law and regulation submitted to the court by Judicial Review mechanism is certainly a problem. This paper entitled "Disparity in Legal Considerations of Judges in the Decision of the Constitutional Court No. 30/ PUU-XVI / 2018 and Supreme Court Decision No. 65 P / HUM / 2018 Related to Judicial Review of Terms of Regional Representative Council Members " This paper analyses, first, how does the judge deliberate the legal consideration in the Judgement of the Constitutional Court No. 30 / PUU-XVI / 2018 and Supreme Court Judgement No. 65 P / HUM / 2018 concerning on the terms of the members of the Regional Representative Council. Second, how are the requirements for nominating the members of the Regional Representative Council if there is a disparity between the decision of the judge between the decisions ofthe Constitutional Court and the Supreme Court. This paper uses normative legal research approach. The author concluded that first, the legal consideration ofthe judge in the Judgment ofthe Constitutional Court No. 30/PUUXVI/ 2018 and Supreme Court Judgement No. 65 P / HUM /2018 is contradictory, because the Constitutional Court prohibits the management ofpolitical parties as candidates for members ofthe Regional Representative Council for the 2019 Election and subsequent Elections, while in its judgement, the Supreme Court prohibits the management ofpolitical parties as candidates for Regional Representative Council members only for the General Election after the 2019 Election. Second, the General Election Commission implements both of these decisions, General Election Commission requires that to be a candidate for a Regional Representative Council, the member must be a person who is not currently serving as the manager of a political party.

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