法的、倫理的および規制問題に関するジャーナル

1544-0044

抽象的な

Sovereignty of the people in determining elected legislative members in Indonesia

Krisnadi Nasution

The articles of the 1945 Constitution are concise and straightforward yet contain deep and broad meanings. Such elaboration as legislation is often required before implementing them. The process and mechanism for the formation of laws democratically can conflict with the basic norms in the 1945 Constitution. A constitutional democratic juridical study against the standards regarding the determination of the elected legislative candidates contained in the 2017 Election Law, carried out in a normative juridical manner. Based on the results of the study, the norms of the 2017 Election Law (open proportional) regarding the determination of the elected legislative candidates, are not following the essence of the standards of people's sovereignty contained in Article 22E paragraph (3) and Article 28I paragraph (2) of the 1945 Constitution.