Tb Rifat

THE ROLE OF THE CONSTITUTIONAL COURT IN DECIDING DPT DISPUTES AND THE IMPLICATIONS OF THE CONSTITUTIONAL COURT DECISION NO. 102/PUU-VII/2009

Introduction

The role of the constitutional court in deciding dpt disputes and the implications of the constitutional court decision no. 102/puu-vii/2009. Explore the Indonesian Constitutional Court's role in DPT disputes & implications of Decision 102/PUU-VII/2009 on voter rights and political participation.

Abstract

The background of the problem in this research is related to the Constitutional Court Decision Number 102/PUU-VII/2009 which is a significant breakthrough in the Indonesian legal system, particularly in relation to guaranteeing citizens' constitutional rights in political participation. This decision regulates the use of population identity for prospective voters who are not registered in the Permanent Voter List (DPT), which was previously not permitted in the provisions of Article 28 and Article 111 of Law No. 42 of 2008. The purpose of this research is to analyze the implications of this decision in upholding justice and the constitutional rights of citizens. The benefit of this research is to provide a deeper understanding of the role of the Constitutional Court in safeguarding the political rights of Indonesian citizens. The method used is a case study with an analytical approach to the Constitutional Court Decision and relevant laws. The results of the study indicate that this decision provides space for prospective voters who are not registered in the DPT to still exercise their right to vote, thus restoring constitutional rights that were threatened with loss. This study highlights the importance of the Constitutional Court decision in safeguarding public political participation and its implications for the electoral system in Indonesia.

Review

This paper presents a timely and relevant analysis of the Indonesian Constitutional Court's pivotal role in electoral disputes, specifically focusing on Decision No. 102/PUU-VII/2009. The research effectively highlights this decision as a significant landmark, acting as a crucial breakthrough in ensuring citizens' constitutional right to political participation, particularly for those not initially registered in the Permanent Voter List (DPT). By addressing the previous limitations imposed by Law No. 42 of 2008, the study positions the Constitutional Court's intervention as a vital safeguard against potential disenfranchisement and an affirmation of democratic principles within the Indonesian legal system. The methodology employed, described as a case study with an analytical approach to the Constitutional Court Decision and relevant laws, appears well-suited to the research's objectives. This approach promises a thorough examination of the legal nuances and practical consequences of the decision. The abstract's reported findings clearly articulate the immediate impact: creating avenues for previously unregistered prospective voters to exercise their suffrage, thereby restoring fundamental constitutional rights. This direct link between the Court's ruling and the enhancement of political participation underscores the profound implications of such judicial interventions for electoral integrity and citizens' democratic engagement. Overall, this research is poised to offer a valuable contribution to the understanding of constitutional law, electoral justice, and the dynamic role of judicial review in Indonesia. By meticulously analyzing Decision No. 102/PUU-VII/2009, the study promises to deepen insights into how the Constitutional Court actively shapes and protects the political landscape and fundamental rights of Indonesian citizens. Its findings are crucial for policymakers, legal scholars, and electoral practitioners seeking to comprehend the mechanisms through which judicial bodies uphold justice and safeguard democratic participation in a complex legal environment.

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