Legal Politics Regional Head Election Dispute Settlement in The Constitutional Court
DOI:
https://doi.org/10.30659/rlj.2.2.%25pKeywords:
Constitutional, Court, Election, Disputes.Abstract
This study aims to find out about legal politics Elections for Regional Heads and Deputy Regional Heads (PILKADA) are one of the significant political breakthroughs in realizing democratization. Pilkada is a very important instrument in the administration of regional government based on the principles of democracy in the regions based on direct, general, free, confidential, honest and fair principles. democratic, even the election is legally flawed caused by violating laws and regulations. Therefore, it is necessary to study the settlement of election disputes in the constitutional court. The purpose of this study is first, to find out and analyze the implementation of political legal case settlement of election disputes at the constitutional court, second to find out and analyze the weaknesses of the political law of election dispute settlement at the constitutional court and future solutions. This study uses a normative juridical research type with the specification of the research is descriptive analysis. The data used in this study are secondary data obtained through literature and documentary studies. Furthermore, it is analyzed using qualitative analytical methods. Based on the results of the research as follows: First, the Implementation of Political Case Settlement Legal election disputes at the Constitutional Court has not been effective. Second, Political Weaknesses in the Law of Election Dispute Resolution at the Constitutional Court and Future Solutions are Problems Concerning the Scope of Pilkada Disputes, the number of constitutional judges is only nine people, managing disputes over the results of the regional head election, where the number of cases is quite high, makes it difficult for the Constitutional Court to work effectively. The time limit for resolving disputes is quite short, namely 14 days. This means that with its centralized nature and limited number of judges, the Information and Technology Support Issues of the Constitutional Court cannot be used optimally to support Pilkada dispute hearings.References
Books:
Munir Fuady, The Concept of a Democratic State, (Rafika Aditama, Bandung, 2010). Constitutional Court, 2010, Constitutional Court Procedure Law, Secretariat
General MK RI, Jakarta.
Iwan Satriawan, Helmi Kasim, Siswantana Putri Rachmatika, Alia Harumdani Widjaja, 2012, Study of the Effectiveness of Election Dispute Resolution by the Constitutional Court, Center for Case Research and Studies, Management of Information and Communication Technology of the Constitutional Court of the Republic of Indonesia, Jakarta.
Soerjono Soekanto, 1986, Introduction to Legal Research, University of IndonesiaPress Publisher, Depok.
Hadari Nawawi, 1983, social research methods, Gajah Mada University Press, Yogyakarta.
Suteki and Galang Taufani, 2018, Legal Research Methodology (Philosophy, Theory and Practice), Rajawali Press, Depok
Teuku Mohammad Radhie, 1973 "Reform and Legal Politics in the Context of National Development", in Prisma magazine No.62 Year II, December.
Yahya Harahap, 2009, Civil Procedure Law Concerning Lawsuits, Trials, Confiscations, Evidence and Court Decisions, Sinar Graphic, Jakarta.
Regulation:
Law No. 32 of 2004 concerning Regional Government
Constitution
Law Number 7 of 2017 concerning General Elections
Law of the Republic of Indonesia Number 7 of 2020 concerning the Third Amendment to Law Number 24 of 2003 concerning the Constitutional Court
Government Regulation in lieu of Law of the Republic of Indonesia Number 1 of 2022 concerning Amendments to Law Number 7 of 2017 concerning General Elections
Election Commission Regulation Number 13 of 2023 concerning the Second Amendment to General Election Commission Regulation Number 4 of 2023 concerning Selection of Members of the Provincial Election Commission and Regency/City General Election Commission
Journals:
Junaedy Ganie. Insurance Claim Dispute Resolution Through BANI. BANI Quarterly Newsletter. Vol. II. January – March 2008.
Yusdianto, Identification of Potential Regional Head Election Violations and Settlement Mechanisms, Journal of the Constitution Vol II number 2, November 2010
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