Analisis Tentang Problematika Keputusan Komisi Pemilihan Umum Provinsi Riau No Kpts.34/Kpu.Prov.004/Vii/2011 Tentang Pemecatan Ketua Komisi Pemilihan Umum Kota Pekanbaru Dengan Keputusan Pengadilan Tata Usaha Negara Pekanbaru
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2013-06-25
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Abstract
Ecision is one important object of study in administrative law, because it is
a decision that became the object of dispute absolute competence judicial
administration according to Law No. 5 of 1986. Indonesia is a country based on
the principle of legality of law. This principle determines that any act of agency /
government officials must be based on law. But in practice still found the decision
of the agency / state officials are not based on law. Formulation of the problem in
this study is whether the legal basis for the dismissal of Pekanbaru City Election
Commission chairman and how responses Election Commission Chairman
Pekanbaru and how the State Administrative TribunalDecisions Pekanbaru. The
goal is to determine the legal basis for the dismissal of chairman of the Electoral
Commission and the city of Pekanbaru Decisions Administrative Court
Pekanbaru, as well as the Chairman of the ElectoralCommission response
Pekanbaru city on the Commission decision No. Pemiliahn General Riau
Province. KPTS.34/KPU.PROV.004/VII/2011. This studyuses normative
descriptive using qualitative data analysis. The research was conducted on two
locations namely: Election Commission office and the office of Riau Province
Administrative Court Pekanbaru.
The results showed Election Commission decision Riau province NO.
KPTS.34/KPU.PROV.004/VII/2011 based upon the recommendation of the board
of honor Riau Provincial Election Commission which is legally non-binding
recommendations which shall be conducted by the Election Commission of Riau
Province this case in accordance with Law No. 22 Year 2007 Article 111 verses 8
and 9. Article 8 reads "The recommendations referred to in subsection (7) is
binding", later in article 9 reads "Election Commission shall implement the
recommendations of the Board of Election Commissionof honor". Problems that
occur on the Election Commission's decision by action Riau Provincial Election
Commission clarifying that no Yusri Munaf before forming honorary board
Provincial Election Commission. Conception of wisdom Riau Provincial Election
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Commission the discretion allowed by the action butdid not pay attention to the
general principles of the Indonesian government forfair and proper worth obeyed
by the Election Commission in the Riau Province took the wisdom. Decision of
the Administrative Court judge Pekanbaru conceptionof the election commission
of the Riau Provincial Public policy actions undertaken contrary to the general
principles Indonesian government is fair and proper, so that the Administrative
Court ruled the decision Pekanbaru city of Riau Province Election Commission is
not in accordance with the Commission's regulationsNo General Election. 38 of
2008 concerning the dismissal procedure a member ofthe Election Commission.
Description
Analisis Tentang Problematika Keputusan Komisi Pemilihan Umum Provinsi Riau No Kpts.34/Kpu.Prov.004/Vii/2011 Tentang Pemecatan Ketua Komisi Pemilihan Umum Kota Pekanbaru Dengan Keputusan Pengadilan Tata Usaha Negara Pekanbaru
Keywords
Problems, Decision of the Commission and the Administrative Court Pekanbaru