The Requirements for Replacement of Elected Legislative Candidates for Election Based on Democratic Principles

Abstract

The research  method used  is  Normative Juridical    with a form of  data  collection by  observation  and  documentation. This research aims to be able to know and analyze how the application of democratic principles and legal implications in the implementation of replacement of elected legislative candidates. The results of the study showed that there are differences in interpretation of the authority in terms of replacement of prospective legislative members elected. Political parties consider themselves to have absolute authority, while based on its rules the KPU should have that authority. Regarding the legal implications of the candidates of elected legislators who are dismissed by his party of course make the elected candidates in question are not appointed as members of the legislature and also give rise to biased legal certainty. Whereas in the legal process has been found the results of a final and binding ruling from the Makassar State Administrative Court.