JURIDICAL ANALYSIS OF THE CONSTITUTIONAL COURT'S DECISION CONCERNING THE ELECTION OF THE REGIONAL HEAD OF SAMPANG INDONESIA REGENCY IN 2018
2022
Rachmad F. | Fadli M. | Anshari T.
Against "Article 58 of Law Number 10 of 2016 concerning the Election of Governors, Regents, and Mayors". Judges as the basis for legal considerations in "Decision of the Constitutional Court Number 38/PHP.BUP-XVI/2018 concerning Sampang Regency Re-Voting". However, suppose it is carried out in substance. In that case, the Constitutional Court uses "Article 58 of Law Number 8 of 2015 concerning the Election of Governors, Regents, and Mayors even though this regulation has been amended by Law Number 10 of 2016 concerning the Election of Governors, Regents, and Mayors". Therefore, if it is carried out on a problem studied in this study, it is "the judge's accuracy in providing the basis for legal considerations in the decision of the Regional Head Election of Sampang Regency." The research method used is the normative legal research method by conducting a statutory approach method based on studies conducted to conclude "that the basic legal considerations given by the judges of the Constitutional Court are not correct, because they are based on the principle of the higher regulation beats the lower regulation or the principle of lex superior derogat legi inferiori, showing that it should be." Judges providing the basis for a legal consideration must be able to use Law Number 10 of 2016 concerning the Election of Governors, Regents, and Mayors.
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