PENARIKAN DUKUNGAN PARTAI POLITIK DALAM PEMILIHAN KEPALA DAERAH KABUPATEN BINTAN (TINJAUAN ATAS SURAT EDARAN KOMISI PEMILIHAN UMUM RI NOMOR: 758/PL.02.2-SD/06/KPU/IX/2020 TENTANG PENJELASAN KETENTUAN PASAL 102)

Abstract

The phenomenon of withdrawal and transfer of political party support has occurred in the regional head election of Bintan Regency in 2020. The withdrawal of support was based on the issuance of the Republic of Indonesia General Election Commission (KPU) Circular Letter Number 758/PL.02.2-SD/06/KPU/IX/2020 concerning Explanation of the provisions of Article 102. Based on this, this study examines whether the actions of the political party have a legal basis for legal validity and what are the legal consequences of the transfer of support from the political party. The research method used is normative legal research using a statutory approach, comparative law and a basic approach. The research data comes from secondary data obtained by means of literature study. Based on the results of the study, it was found that: First, when examined using the Theory of Legal Norms, The Theory of the Establishment of Legislation and the Principle of lex superior derogat legi inferiori, then the issuance of Circular Letter of KPU RI Number: 758/PL.02.2-SD/06/KPU/IX /2020 is in accordance with and is in line with Article 53 paragraph (1) of Law Number 8 of 2015. Thus, the withdrawal of support made by the party concerned has a legal basis. Second, the political party that transfers support is considered valid and has complied with the existing legal provisions. This was based on the fact that the withdrawal and transfer of support was carried out before the regional head participants were designated as candidate pairs by the Bintan Regency General Election Commission.