Reconstruction of the Position and Authority of the Honorary Council of General Election Organizers (DKPP) as a QuasiEthical Court of Election Organizers

Authors

  • Wein Arifin Universitas Jambi, Indonesia
  • Sukamto Satoto Universitas Jambi, Indonesia
  • A. Zarkasi Universitas Jambi, Indonesia

DOI:

https://doi.org/10.57185/jlarg.v2i9.67

Keywords:

DKPP, Code, Election

Abstract

The Honorary Council of Election Organizers (DKPP) is an institution responsible for resolving ethical violations committed by election organizers, established under the law as part of Indonesia’s election system. As a state institution, the DKPP holds the authority to examine, summon, sanction, and adjudicate such violations through a court-like process, which includes witness examination, expert testimony, verification of evidence, and the issuance of rulings. Notably, DKPP decisions are final and materially binding. The quasi-judicial nature of its proceedings, combined with the finality of its decisions, places the DKPP in a unique legal position, often referred to as a "quasi-public court." In the Constitutional Court's interpretation, the DKPP functions as an integral part of the election administration alongside the General Election Commission (KPU) and the Election Supervisory Body (Bawaslu), forming a comprehensive election organizing body. This study explores the legal status and authority of the DKPP, particularly in its role as a quasi-public court. Through normative legal research with a descriptive and prescriptive approach, using legislative, conceptual, historical, and comparative methods, the study concludes that the DKPP, as an independent auxiliary state organ, functions similarly to a general court in enforcing the code of ethics for election organizers. The final and binding nature of its decisions has significant legal implications, reinforcing the DKPP's role in maintaining electoral integrity within Indonesia’s constitutional framework.

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Published

2024-10-16