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VOL. 5, ISSUE 3 (2023)
Executorial force the election organizer honorary council (DKPP) in adjudicating violations the code of ethics by election organizers
Authors
Muna Rizki, Husni, Muhammad Saleh
Abstract
This study aims to explain the causes of the
decisions of the Election Organizer Ethics Council (DKPP) which are final and
binding cannot be implemented and the nature and characteristics of the ideal.
This study uses a normative juridical method with a statutory approach, a
conceptual approach and a case approach. The results of this study state that
there are several causes for DKPP decisions that are final and binding in
nature and cannot be implemented, including the follow-up of DKPP decisions by
related institutions through state administrative decisions that can become the
object of a lawsuit at the State Administrative Court. The final and binding
nature of DKPP decisions is different from final and binding decisions from
court decisions in general. In addition, there is confusion about the final and
binding nature of the DKPP Decision which is regulated in the law. The DKPP
decision is a decision that has a state administration dimension and is
recommendation in nature because its implementation requires follow-up through
a State Administrative Decree. DKPP decisions should not be final like court
decisions, so there is a need for legal remedies to correct decisions,
considering that in practice there are mistakes and errors in DKPP decisions.
The meaning of DKPP decisions which are binding needs to be explained in
statutory provisions, where the decision can only be declared binding when the
Defendant does not use his opportunity to take legal action against the
decision.
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Pages:36-40
How to cite this article:
Muna Rizki, Husni, Muhammad Saleh "Executorial force the election organizer honorary council (DKPP) in adjudicating violations the code of ethics by election organizers". International Journal of Law, Policy and Social Review, Vol 5, Issue 3, 2023, Pages 36-40
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