PENGISIAN JABATAN PRESIDEN DAN WAKIL PRESIDEN DALAM HAL TERJADI PENUNDAAN PEMILU DALAM PERSPEKTIF UUD 1945

Abstract

This legal issue originates from the discourse on postponing the 2024 general election. The focus of this research is to analyze the issue of constitutional reason for postponing the general election and filling the potitions of president and vice preside when a postponement of general election. This research is a normative research, and uses a statute approach and a conceptual approach. The results of this research show that postponing general election can occur if amendments to the UUD 1945 are made. And non-legally, through a constitutional convention, a legal revolution, or through a presidential decree.In addition, the postponement of general elections can lead to legal uncertainty and chaos, one of which is a vacancy for the positions of president and vice president. Because there is not norm of UUD 1945 which regulates the mechanism for filling the positions of president and vice president, the result is a legal vacuum. The problem of vacancies in positions and legal vacuumcan be overcome by optimizing the judiciary, namely the Constitutional Court.

Keyword: Filling the Positions, President and Vice President, Postponing the General Election