Implication of Constitutional Court Decisions No. 30 / PUU-XVI / 2018 Concerning Judicial Review of General Election Laws on the Existence of Representative Institutions in Indonesia

摘要

Changes in Indonesian state administration after the amendments of the 1945 Constitution included changes relating to people's representative institutions. After the amendment to the 1945 Constitution the representative body of the people consisted of the People's Consultative Assembly, the House of Representatives and the Regional Representative Board. The existence of the House of Representative and the Regional Representative Board in the Indonesian constitutional system which all its members are members of the People's Consultative Assembly does not mean that the Indonesian representative system adheres to a bicameral representation system. Decision of the Constitutional Court No. 30 / PUU-XVI / 2018 concerning Judicial review of the General Election Law states that the phrase "other work" in Article 182 letter 1 of Law Number 7 of 2017 concerning General Elections is contrary to the 1945 Constitution and does not have the legal force conditionally binding as long as it is not it also means that the political party functionaries. This has implications for the existence of the Regional Representative Board whose initial ideas were regional representations that were truly realized and not distorted in the practice of state life due to the absence of restrictions regarding nomination requirements, especially those related to the management of political parties.