An analysis on the position of general election commission (KPU) As an independent institution in indonesia state governance system

Oleh :
Lylych Indar Merdekawaty - E0005028 - Fak. Hukum

ABSTRAK This research studies and answers the problem about the position of General Election Commission (KPU) as an independent institution in Indonesia’s state governance system as well as its task and authority in the general election (Pemilu) organization. In addition, it also aims to find out the obstacles the KPU encounters in organizing the general election. This study belongs to a normative research type that is descriptive in nature with statutory approach. The data sources employed were primary, secondary and tertiary law materials. Technique of collecting data used was documentary study with a deductive analysis technique. The result of research shows that the presence of KPU in Indonesia’s state governance system has indirectly determined the parties that will sit on the legislative and executive authority in Indonesia. The position of General Election Commission as an independent institution is viewed according to the institutional function to help the President in organizing the general election. The General Election Commission is established based on Section 22E (5) of 1945 Constitution. Nevertheless, the General Election Commission hierarchically belongs to the second layer of organ because the name of General Election Commission is mentioned clearly in the 1945 Constitution for it is written in capital letter. After the law foundation of General Election Commission is renewed based on the Act Number 22 0f 2007 about the General Election Organizer, the position of it becomes stronger because of clear mention of its name. Considering the law foundation of this act, the General Election Commission can be categorized into the second layer of organ or the second group of state institution. The General Election Commission as the general election organizer has the task, authority and obligation according to what determined in Act Number 22 of 2007 about the organization of General Election. The implementation of General Election Commission’s task, authority and obligation in Indonesia’s state governance system faces many obstacles, both juridical and technical. Keywords: General Election Commission, independent institution, Indonesia’s state governance system.