Authority of General Election Commission for the Electoral Constitutional Rights

Abstract

Indonesia is a country that adopts a democratic system that puts sovereignty in the hands of the people. As a manifestation of people's sovereignty, there is a direct election process, in which the people can determine their choices in electing the House of Representatives, the Regional Representative Council, the Regional People's Representative Council, the President and Vice President, the Governor and Deputy Governor, the Regent and Deputy Regent, as well as the Mayor and Deputy Mayor. The purpose of the study was to analyze the discretionary authority of the National Election Commission as a state institution. Research methods, this type of research is normative research, using a statutory approach, and conceptual. Sources of legal materials use primary, secondary and tertiary legal materials. After the legal materials are collected and identified, the analysis of legal materials is carried out using analytical prescrisive methods, namely studying the purpose of the law, the values of justice, the validity of the rule of law, legal concepts, and legal norms. In conclusion, the General Election Commission is a supporting state institution or an auxiliary institution or an independent institution that is of a national, permanent and independent nature which holds elections in Indonesia. The General Election Commission in safeguarding the constitutional rights of voters has the authority to make discretionary decisions on issues if the laws and regulations do not regulate, are incomplete or unclear so that it causes stagnation at some stages, especially in the preparation and determination of the Voter List in the Data Upgrading Stages.