Proceedings of the International Conference for Democracy and National Resilience (ICDNR 2023)

The Execution of Decision Constitutional Court Which Makes an Open Legal Policy Regarding Elections in Indonesia

Authors
Rahayu Subekti1, *, Zufar Maulana Ar-Razaq1, Saiful Hamdi1
1Faculty of Law, Sebelas MaretUniversity, Surakarta, Indonesia
*Corresponding author. Email: rahayusubekti@yahoo.co.id
Corresponding Author
Rahayu Subekti
Available Online 6 December 2023.
DOI
10.2991/978-2-38476-148-7_24How to use a DOI?
Keywords
Open Legal Policy Regarding Election; Execution of Decision; Constitutional Court
Abstract

The Constitutional Court exercises its authority through generating legal outputs in the form of decisions pertaining to the judicial review of the Constitution, which possess legally binding efficacy. The term “Open Legal Policy” is occasionally found in several Constitutional Court judgements pertaining to elections. In actuality, the legislators did not promptly execute this decision. This study methodology employs normative legal research techniques, incorporating both a legislative and regulatory analysis as well as a contextual analysis. The findings of the research indicate: The prompt emphasizes the imperative nature of implementing the Constitutional Court's ruling, which encompasses a transparent legal framework pertaining to electoral processes, in order to uphold the constitutional entitlements of individuals during national elections. Furthermore, legislators are required to satisfy several features as a means of implementing the ruling of the Constitutional Court, which encompasses a broad legislative framework pertaining to elections in Indonesia.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference for Democracy and National Resilience (ICDNR 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
6 December 2023
ISBN
10.2991/978-2-38476-148-7_24
ISSN
2352-5398
DOI
10.2991/978-2-38476-148-7_24How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

TY  - CONF
AU  - Rahayu Subekti
AU  - Zufar Maulana Ar-Razaq
AU  - Saiful Hamdi
PY  - 2023
DA  - 2023/12/06
TI  - The Execution of Decision Constitutional Court Which Makes an Open Legal Policy Regarding Elections in Indonesia
BT  - Proceedings of the International Conference for Democracy and National Resilience (ICDNR 2023)
PB  - Atlantis Press
SP  - 297
EP  - 305
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-148-7_24
DO  - 10.2991/978-2-38476-148-7_24
ID  - Subekti2023
ER  -