TINJAUAN YURIDIS TERHADAP KEKOSONGAN HUKUM PENUNDAAN PEMILIHAN UMUM DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA

Abstract

General elections are the foundation of democracy that allow the active participation of citizens in determining their representatives in government. However, emergency situations or national disasters often create conflicts between democratic principles and state stability. The postponement of general elections in a context like this has complex juridical implications. The legal vacuum that exists can threaten the legitimacy of government and the balance of power, while protecting democratic rights remains important.

The role of the People's Consultative Assembly (MPR) as the highest state institution can be an alternative in overcoming the legal vacuum of postponing elections. The MPR, as the people's representative, has the capacity to make decisions in emergency situations, but it is important to maintain a balance with democratic principles and citizens' human rights. The MPR must continue to represent a variety of views and ensure oversight of emergency decisions.Amendments to the 1945 Constitution can also become a strong legal basis for postponing general elections in an emergency. This amendment provides a clearer and measurable framework, accommodates a delay mechanism, and takes into account the balance between national interests and democratic principles.In this context, the protection of democratic rights and constitutional principles is the main focus. Careful research and analysis needs to be carried out to ensure that emergency measures remain consistent with democratic values ​​and citizens' rights. Thus, emergency situations can be overcome while maintaining the principles of democracy and national stability.