Open AccessPEMAKNAAN NORMA KONSTITUSI DALAM PENGUATAN DEWAN PERWAKILAN DAERAH DALAM RULE MAKING FUNCTION
Author(s) -
Adhitya Widya Kartika
Publication year - 2021
Publication title -
arena hukum
Language(s) - English
Resource type - Journals
eISSN - 2527-4406
pISSN - 0126-0235
DOI - 10.21776/ub.arenahukum.2021.01402.9
Subject(s) - constitutional court , constitution , political science , law , normative , supreme court , state (computer science) , algorithm , computer science
The existence of the House of Representatives (DPD) in including regional inputs in the form of norms has experienced polemics. These polemics include the decisions of the State Administrative Court (PTUN), the Supreme Court (MA), and the Constitutional Court (MK) that are out of sync with one another. This decision has the impact of legal dualism which results in confusion for the General Election Commission (KPU) to carry out its functions and even disharmony between legal norms. This normative research aims to determine the existence of a basis to support the DPD in order to reduce conflicts of interest. As a result, the KPU, when viewed from the normative aspect, the Constitutional Court is the sole interpreter of the constitution because of the authority granted by the constitution in Article 24 C. If so, then the KPU does not have to worry about implementing the Constitutional Court's decision because it is constitutional. That is, the KPU carrying out the Constitutional Court's Decision means maintaining the dignity of the DPR so that the aspirations carried out truly represent the needs of the region without worrying about conflicts of interest because they have as administrators of political parties.