scholarly journals Tindak Pidana Pemilihan Sebagai Dasar Perselisihan Hasil Pemilihan Umum Kepala Daerah

2017 ◽  
Vol 17 (1) ◽  
Author(s):  
Rahmanu Wijaya
Keyword(s):  
Dispute Resolution ◽  
General Election ◽  
Constitutional Court ◽  
Election Law ◽  
Movement Rate ◽  
The Past ◽  
Direct Election ◽  
Dynamic Movement ◽  
The People ◽  
Election Results

<p><em>The resolution of dispute over election results of regional head experienced a dynamic movement rate, in line with the dialectic of the implementation of election regional head itself. Whereas in the past, based on Article 34 Paragraph (1) of Indonesia Law Number 22 Year 1999, the filling of the position of regional head and deputy head of region shall be conducted by the Regional House of Representative by a peaceful election. However, since the enactment of Indonesia Law Number 32 Year 2004, in Article 24 paragraph (5) determined the filling of the position of regional head and regional representatives implemented through direct election by the people in the region concerned. This direct election which eventually became part of the election law regime based on Article 236 C of Indonesia Law Number 12 Year 2008. In line with the development of the election, there was also a mechanism for dispute resolution of the results of General Election based on Article 157 paragraph (3) of Indonesia Law Number 8 of 2015 becomes the absolute competence of the Constitutional Court where one of the reasons for the filing of a petition is based on an election crime.</em><em></em></p><strong><em>Keywords:</em></strong><em> Crime of Elections, Dispute on Results of General Election of Regional Head</em>

scholarly journals The Concept of Regional General Election Dispute Resolution During the Reformation Era

2021 ◽  
Vol 8 (8) ◽  
pp. 390
Author(s):  
Nofi Sri Utami ◽  
Abid Zamzami ◽  
Bahroin Budiya
Keyword(s):  
Dispute Resolution ◽  
General Election ◽  
Constitutional Court ◽  
Political Awareness ◽  
Direct Election ◽  
The Reformation ◽  
Democratic Ideals ◽  
Election Results ◽  
Democratic Principles ◽  
Election Commission

A form of democracy’s manifestation is the organization of the general election, namely a ritual carried out to choose a leader. Indonesia’s general election is aimed to achieve people’s sovereignty and simultaneously apply the democratic principles and values, to increase the people’s political awareness to actively participate in the general election to achieve the Indonesian people’s democratic ideals. The first organization of the Head of the Region elections was during the Reformation Era, specifically in 2005, through direct election. The implementation of this direct regional general election surely resulted to some disputes. The direct organization of head of the regions certainly resulted to disputes, including the dispute between the General Election Commission and the general election participants regarding the national general election vote obtainment results which may influence the election participants’ seat acquisition. Another dispute regards the head of the region general election results. Formerly, the resolution of this type of dispute was carried out at the constitutional court.

scholarly journals The Elimination of Constitutional Court's Authority in The Dispute Case of General Election of Regional Head (Analysis of Decision of the Constitutional Court Number 97/PUU-XI/2013)

2017 ◽  
Vol 5 (2) ◽  
Author(s):  
Jentel Chairnosia
Keyword(s):  
Dispute Resolution ◽  
Vice President ◽  
General Election ◽  
Constitutional Court ◽  
The Public ◽  
The People ◽  
The Law ◽  
Settlement Of Disputes

The enactment of Law Number 32 Year 2004 is a manifestation of the development ofadvanced democracy, namely all local chief elected directly by the people except the positionof the Governor of Yogyakarta. However, in its development, the implementation of theGeneral Elections of Regional Head gave rise to dissatisfaction which resulted in the appealof the results of the General Election to the court for various reasons. The presence of theConstitutional Court as an institution that resolved the dispute over the General Election ofRegional Heads has not been able to provide justice to the public, especially the emergenceof many Constitutional Court rulings that cause debate. In its development, the ConstitutionalCourt abolished its authority in the settlement of disputes in the General Election of RegionalHeads as stipulated in Decision Number 97 / PUU-XI / 2013. The Constitutional Court is ofthe opinion that the Constitutional Court only has the authority to resolve election disputes ofDPR, DPD, President/Vice President because the election is done nationally, while theelection is conducted in certain areas only. In addition, the volume of incoming cases relatedto election disputes more than the law review case which is the main authority of theConstitutional Court, so that this can affect the quality of the decisions of the ConstitutionalCourt considering the dispute resolution of the results of the General Election should beterminated within fourteen days. DOI: 10.15408/jch.v5i2.7090

scholarly journals Konstitusionalitas Badan Peradilan Khusus dan MK dalam Penyelesaian Sengketa Hasil Pilkada Langsung

2016 ◽  
Vol 12 (3) ◽  
pp. 503
Author(s):  
Slamet Suhartono
Keyword(s):  
Dispute Settlement ◽  
Constitutional Court ◽  
Direct Election ◽  
Election Results

In accordance with the decision of the Constitutional Court Number 97/PUU-XI/2013, the Constitutional Court is no longer authorized to resolve disputes on direct election results, because the provisions of Article 236C of Law Number 12 Year 2008 NRI are against the Constitution of 1945. Article 157 paragraph (1) Law No. 8 Year 2015 determines that the dispute settlement on direct election results become the authority of specialized judiciary. But before a specialized judiciary is formed, then the Constitutional Court is authorized to resolve disputes on direct election results. The authority of the Constitutional Court is the constitutional authority to fulfill temporary legal vacuum (rechtvakum). Therefore legislators should immediately establish a specialized judiciary which has the authority to resolve the disputes on direct election results.

scholarly journals Pengaruh Informasi Sistem Penghitungan Nasional Online pada Hasil Pemilu 2019 terhadap Kepercayaan Publik Kota Medan

PERSPEKTIF ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 399-415
Author(s):  
Febrin Dwi Gloria Tampubolon ◽  
Muryanto Amin ◽  
Hendra Harahap
Keyword(s):  
Public Trust ◽  
General Election ◽  
Public Knowledge ◽  
Counting System ◽  
The Public ◽  
The People ◽  
Increasing Knowledge ◽  
Election Results ◽  
Election Commission

The election organizer is obliged to implement every principle in the election. The online National Counting System (Situng) is one of a series of election organizer activities in fulfilling the principle of openness to the public. Improving the quality of service in the General Election aims to increase public trust in the implementation of elections. According to Nunkoo, the principles of transparency and knowledge must be possessed by activity organizers in an effort to increase public trust. Research with this quantitative method looks at how much influence the online national counting system (situng) information (study of the 2019 Election results) has with a study on the people of Medan City. The findings in this study indicate that the process of transparency and increasing knowledge of the people of Medan City has significantly shaped Public Trust in the 2019 Election. The act of transparency has a bigger effect than increasing knowledge of online counting. Given the large role of transparency in shaping public trust in Medan City, this activity needs to be further enhanced to provide a better understanding to the public. And it does not rule out that online situng can increase public knowledge in the electoral field. Situng online is also expected to be an extension of the General Election Commission (KPU) in increasing public knowledge as a basis for experience in the election.

scholarly journals DESIGN OF SPECIAL JUSTICE AGENCY ELECTION CHAIN IN INDONESIA

2017 ◽  
Vol 1 (1) ◽  
pp. 68
Author(s):  
Tri Susilo
Keyword(s):  
Government Regulation ◽  
Dispute Settlement ◽  
Ad Hoc ◽  
Institutional Design ◽  
National Level ◽  
Constitutional Court ◽  
Local Elections ◽  
Direct Election ◽  
Legal Remedies ◽  
Election Results

<p>Past-approval of government regulation in lieu of Law No.1 of 2014 concerning the election of governor, regent, and mayor (hereinafter called local election), In accordance with the decision of the Constitutional Court Number 97 /PUU-XI / 2013, the Constitutional Court is no longer authorized to resolve disputes on direct election results, because the provisions of Article 236C of Law Number 12 Year 2008 NRI are against the Constitution of 1945. Article 157 paragraph (1) Law No. 8 Year 2015 determines that the dispute settlement on direct election results become the authority of specialized judiciary. But before a specialized judiciary is formed, then the Constitutional Court is authorized to resolve disputes on direct election results. The authority of the Constitutional Court is the constitutional authority to fulfill temporary legal vacuum (rechtvakum). Therefore legislators should immediately establish a specialized judiciary which has the authority to resolve the disputes on direct election results. There is a new design in election mechanisms of regional hand. The law a quo stated that elections be held simultaneously at the national level. This design would require regulatory support, such as the establishment of as special court, solve any disputes that arise from the election. The problems emerge in this study is how the urgency of special court, how it compares to special court on election matters in various countries and how the relevance of the comparison can be applied in Indonesia. This was conducted using a legal-normative research. The research conclude unable to meet the demands for justice, for example, the court's decision are settled after the elections conducted and thick-layers on legal remedies so it is counterproductive to the election that have limited period of time. These legal remedies are even separated in several judicatures. Various countries have also established a special court on local elections with a variety of institutional design and procedural law. For Indonesia, the special court is ad hoc court, based on provincial and district or city and authorized to settle disputes concerning the local elections.</p>

scholarly journals Legal Pollution of Dispute Settlement Results of Regional Head Selection Realizing the Election Justice

2021 ◽  
Vol 04 (05) ◽  
Author(s):  
Gita Santika Ramadhani, Suteki ◽  
Keyword(s):  
Dispute Resolution ◽  
Government Regulation ◽  
Dispute Settlement ◽  
Constitutional Court ◽  
The Supreme Court ◽  
Election Results ◽  
Law And Justice ◽  
The Government ◽  
Dispute Resolution Mechanism ◽  
Sense Of Justice

The implementation of direct regional head elections in the regions often raises disputes regarding the determination of the results of the vote. Efforts made by candidates who are dissatisfied with this determination are to submit a cancellation to the judicial institution. The update on the system for resolving the election results was carried out by the government to overcome this problem, namely the Government Regulation in Lieu of Law No. 1 of 2014. Problems discussed in this study include: how the dispute resolution mechanism was issued before the regulation, what updates are contained in the regulation how to achieve effective and fair election outcome dispute resolution. This study is a normative legal research that is descriptive in nature using a legal and analytical approach. Based on the results of the study, it can be concluded that the fundamental renewal lies with the institution authorized to handle, namely from the Constitutional Court to the High Court appointed by the Supreme Court. The author recommends that the renewal must be supported by technical regulations to ensure effectiveness and fulfill a sense of justice. Based on this research, the results show that the dynamics of the shifting of dispute resolution authority over the election results are influenced by the decision of the MK opened legally policy and the background of certain events. Namely: the problem of bribery that ensnares the judge, decisions that are considered controversial, case accumulation, and unpreparedness of institutional structure and infrastructure. Regarding the threshold requirements as a condition for receiving a dispute over a dispute over the results of a regional election, it has not yet supported the fulfillment of electoral / election justice. Because it has the potential to ignore aspects of substantive justice, mainly because it does not make the facts of the violations structured, systematic and massive (TSM) as a variable in examining cases. This neglect is not in line with one of the universally adopted principles of law and justice, which states that no one can benefit from irregularities and violations committed by himself and no one may be harmed by irregularities and violations committed by others (nullus / nemo commodum capere potes de injuria sua propria).

scholarly journals URGENSI PEMBENTUKAN BADAN PERADILAN KHUSUS DALAM PENYELESAIAN SENGKETA HASIL PILKADA LANGSUNG

2020 ◽  
Vol 1 (01) ◽  
pp. 139-152
Author(s):  
Yonata Harefa ◽  
Haposan Siallagan ◽  
Hisar Siregar
Keyword(s):  
Dispute Settlement ◽  
Constitutional Court ◽  
Direct Election ◽  
Election Results

In accordance with the decision of the Constitutional Court Number 97 / PUU-XI / 2013, the Constitutional Court is no longer authorized to resolve disputes on direct election results, because the provisions of Article 236C of Law Number 12 Year 2008 NRI are against the Constitution of 1945. Article 157 paragraph (1) Law No. 8 Year 2015 determines that the dispute settlement on direct election results become the authority of specialized judiciary. But before a specialized judiciary is formed, then the Constitutional Court is authorized to resolve disputes on direct election results. The authority of the Constitutional Court is the constitutional authority to fulfill temporary legal vacuum (rechtvakum). Therefore legislators should immediately establish a specialized judiciary which has the authority to resolve the disputes on direct election results.

scholarly journals Problematics of Direct Elections for Local Head after the Amendment of the 1945 Constitution of the Republic of Indonesia

2017 ◽  
Vol 13 (7) ◽  
pp. 158
Author(s):  
M. Tauchid Noor ◽  
Kamarudin Kamarudin
Keyword(s):  
General Election ◽  
New Order ◽  
Local Election ◽  
Direct Election ◽  
Old Order ◽  
The People ◽  
Election System ◽  
Independence Era ◽  
The Republic ◽  
Local Leaders

The amendment of the 1945 Constitution sets that governors, regents, and local mayors are democratic in their election, originally selected by the legislative assembly and latterly sifted into direct election from the people. Based on the regulation No. 22 of 2007, it states that the election of local leader and co-leader is characterized as the part of general election regime, and thus it brings impact on local election, which should run directly as well. This article examines the arising problems on local election after the amendment of the 1945 Constitution, which reveals various problematic factors in the implementation of direct election for local head has been officially established. Indonesia has run local election many times in different eras, including in Dutch colonialism, Japan colonialism, and post-independence era. In post-independence era, Indonesia also has various political climates and traditions and including Old Order, New Order, and reformation era. The alteration of this general election system aims to provide fair democracy for all people to vote for their local leaders. The implementation, however, encounters several factors and problems derived from the level of participation up to the readiness of local election committee.

scholarly journals Analysis of Reduction of Authority of The Constitutional Court Through The Law on General Election

2018 ◽  
Vol 54 ◽  
pp. 01001
Author(s):  
Budiman N.P.D Sinaga ◽  
Sahat H.M.T Sinaga
Keyword(s):  
House Of Representatives ◽  
Vice President ◽  
General Election ◽  
Constitutional Court ◽  
State Institutions ◽  
General Elections ◽  
The Law ◽  
Election Results ◽  
The Republic

In the 1945 Constitution of the Republic Indonesia, there is an order to further regulate in the Law such as the general election that has been enacted Law No. 7/ 2017 on General Election. In its Law, the results of the general election is merely a dispute over the result of the general election regarding the determination of the vote which may affect the election participants’ seats and the President and Vice President election results. The objective of this paper is to find out the legal consequences of the provisions of the law which reduce the authority of state institutions that have been regulated in the 1945 Constitution. The approach of this research is status approach that will be used by examining the laws and regulations relating to the problem. The provisions of the Law on General Elections can be said to have reduced the authority of the Constitutional Court granted the Constitution. There should be strong grounds for an amendment to this provision it can be done immediately by the House of Representatives and the President. Testing by the Constitutional Court may be done but it is better through changes by the House of Representatives and the President.

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