%0 Thesis
%9 Masters
%A George Soros Setiawan Day, NIM.: 23203012001
%B FAKULTAS SYARIAH DAN HUKUM
%D 2026
%F digilib:75982
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K DKPP, PTUN, Negara Hukum, Siyasah Qadha’iyyah, Lembaga  Negara
%P 188
%T DUALISME AKUNTABILITAS PUTUSAN PENYELENGGARA PEMILU ANTARA DKPP DAN PTUN
%U https://digilib.uin-suka.ac.id/id/eprint/75982/
%X This study discusses the dualism of accountability for election organizer  decisions between the DKPP and the PTUN. The problem stems from PTUN  Decision No. 82/G/2020/PTUN.JKT, which ordered the annulment of Presidential  Decree No. 34/P. 2020, which automatically invalidated DKPP ethical decision No.  317-PKE-DKPP/X/2019. This issue has caused legal uncertainty because the  constitution does not further regulate the competence of the PTUN in annulling  DKPP ethical decisions. This issue then gave rise to three questions: 1). What  causes the dualism of accountability for election organizer decisions between the  DKPP and the PTUN and their position in the perspective of the rule of law; 2).  What is the view of siyāsah qaḍhā’iyyah on the dualism of accountability for  election organizer decisions between the DKPP and the PTUN; 3). How can the  dualism of accountability for election organizer decisions between the DKPP and  the PTUN be harmonized.  This type of research uses a literature study, supplemented by a normative  legal approach through legislation and a case approach. Furthermore, the data  sources and legal materials consist of primary and secondary data collected using  data collection techniques such as searching and tracing reference materials such  as bibliographies, research results, scientific magazines, scientific bulletins, and  journals. Data analysis techniques use qualitative deductive analysis techniques.  Meanwhile, the theories used in this study include: the theory of the rule of law, the  theory of state institutions, and siyāsah qaḍhā’iyyah.  The results of this study show that: first, the cause of the dualism of  accountability for election organizers' decisions between the DKPP and the PTUN  and their position in the perspective of the state is that there is confusion between  ethical norms and legal norms, compounded by the issues and dynamics of  constitutional court decisions, and in the perspective of the rule of law, there is a  difference in the position of decisions between the DKPP and the PTUN; second,  the siyāsah qaḍhā’iyyah view of dualism, namely, the DKPP as a reflection of the  wilāyah ḥisbah function and the PTUN as a reflection of the wilāyah qaḍhā’  function, there is a fundamental position between wilāyah ḥisbah (DKPP) and  wilāyah qaḍhā’ (PTUN), whereas the PTUN adjudicates presidential decisions, but  presidential decisions are based on DKPP decisions; third, harmonizing the  dualism of accountability for these decisions, namely through amendments to the  1945 Constitution as a long-term solution and through a Supreme Court circular  letter as a short-term solution.
%Z Dr. Hj. Siti Fatimah, S.H., M. Hum.