Harmonization of Regulations of the General Election Commission to Guarantee Legal Certainty: Overview of the 2020 Regent and Deputy Regent Elections

Abstract

This paper aims to analyze the ideal form in the process of harmonization of the General Election Commission (PKPU) Regulations which experienced disharmony in connection with the 2020 election arrangements, as well as the formulation of legal certainty that it can use. The 2020 election will go down in history as a democratic party that goes hand in hand with the COVID-19 pandemic. The implementation is carried out with various rules, especially PKPU, which in practice is known as two types: the technical PKPU for the performance of stages and the COVID PKPU. This regulatory dualism creates a form of disharmony of legal norms so that the condition of legal certainty becomes something that has a high level of importance. Based on doctrinal research, it can be explained that the harmonization carried out on PKPU in implementing the 2020 Election is in the form of horizontal harmonization based on several existing legal principles. This principle justifies that the COVID PKPU can override the PKPU regarding the technical implementation of the stages. The harmonization also provides a form of legal certainty that can realize through sound and apparent normalization as well as the hierarchy of laws and regulations and is effective.