TY  - THES
N1  - Dr. Hj. Siti Fatimah, S.H., M. Hum.
ID  - digilib75982
UR  - https://digilib.uin-suka.ac.id/id/eprint/75982/
A1  - George Soros Setiawan Day, NIM.: 23203012001
Y1  - 2026/01/27/
N2  - 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 siy?sah qa?h??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 siy?sah qa?h??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 siy?sah qa?h??iyyah view of dualism, namely, the DKPP as a reflection of the
wil?yah ?isbah function and the PTUN as a reflection of the wil?yah qa?h??
function, there is a fundamental position between wil?yah ?isbah (DKPP) and
wil?yah qa?h?? (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.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - DKPP
KW  -  PTUN
KW  -  Negara Hukum
KW  -  Siyasah Qadha?iyyah
KW  -  Lembaga
Negara
M1  - masters
TI  - DUALISME AKUNTABILITAS PUTUSAN PENYELENGGARA PEMILU ANTARA DKPP DAN PTUN
AV  - restricted
EP  - 188
ER  -