Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)

Integrative Negotiation Approach by the Indonesian Constitutional Court in Concurrent General Elections Policy

Authors
Tri Sulistianing Astuti
School of Government and Public Policy Indonesia
Corresponding author. Email: tri.astuti@sgpp.ac.id
Corresponding Author
Tri Sulistianing Astuti
Available Online 23 November 2021.
DOI
https://doi.org/10.2991/assehr.k.211112.049How to use a DOI?
Keywords
Integrative negotiation approach; concurrent elections policy; Indonesian Constitutional Court; Decision No. 55/PUU-XVII/2019
Abstract

The Indonesian Constitutional Court has rejected the judicial review of concurrent general elections’ constitutionality in Decision No. 55/PUU-XVII/2019 on 26 February 2020. The Constitutional Court rejected the entire judicial review of Law No.7/2017 considering General Elections and Law No. 1/2015 considering Regional Head Elections. Association for Elections and Democracy (Perkumpulan Untuk Pemilu dan Demokrasi (Perludem)) submitted this issue as the 2019 concurrent general elections with the five-box design were inconsistent with the Election Principles in the Indonesian Constitution 1945 (UUD 1945). Surprisingly, the Constitutional Court decided on six possible models in the concurrent general election besides the rejection. Even though this decision was issued before pandemic Covid-19, the options significantly impact the next concurrent general elections in the new-normal era. This paper reviews the dynamics of the decision-making process on the concurrent general elections policy in an integrative negotiation approach to understanding the Constitutional Court by juridical method and desk study. Through analyzing Decision No. 55/PUU-XVII/2019, it appeared that the Constitutional Court has succeeded in accommodating the petitioner’s necessities and referring to the implementation of elections policy effective and efficient according to the mandate of UUD 1945. In conclusion, the integrative negotiation approach applied in the decision-making process produced the six best possible options to conduct simultaneous elections in a new-normal society.

Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
23 November 2021
ISBN
978-94-6239-454-4
ISSN
2352-5398
DOI
https://doi.org/10.2991/assehr.k.211112.049How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

TY  - CONF
AU  - Tri Sulistianing Astuti
PY  - 2021
DA  - 2021/11/23
TI  - Integrative Negotiation Approach by the Indonesian Constitutional Court in Concurrent General Elections Policy
BT  - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
PB  - Atlantis Press
SP  - 380
EP  - 390
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211112.049
DO  - https://doi.org/10.2991/assehr.k.211112.049
ID  - Astuti2021
ER  -