scholarly journals Penyelesaian Sengketa Pemilihan Umum di Indonesia

Wajah Hukum ◽  
2019 ◽  
Vol 3 (1) ◽  
pp. 74
Author(s):  
Mhd Ansori

The realization of democracy in Indonesia is one of which is carried out by general elections, this is a political contestation which often present disputes.There is a general understanding that effective electoral dispute resolution mechanisms and processes are a “sine qua non” for fair and fair elections.As well as the implementation of the general election system is designed in there is alwayas a possibility of violations that can reduce the quality of general elections, for that as well as the implementation of the general election system, within it is always available a trusted istitutional mechanism to resolve various types of general election objections and disputes.Disputes or disputes can be divided into two, that is (1) disputes in the electoral process (especially those that occur between participants in the general election or between candidates) which have been handled by the election supervisory committee and election results disputes or disputes. This paper aims to find out and analyze the dispute resolution of elections in Indonesia.The type of research used is normative juridical research, using conceptual approach, legislation approach, and historical approach

2019 ◽  
Vol 2 (1) ◽  
pp. 45-61
Author(s):  
Jumardi Harsono

ABSTRAKPerubahan Kewenangan Badan Pengawas Pemilihan Umum terhadap Pelanggaran Pemilihan Umum Legislatif berdasarkan Undang-undang Nomor 7 Tahun 2017 Tentang Pemilihan Umum. Tujuan penelitian ini adalah: (1). Untuk mengetahui latar belakang terjadinya perubahan kewenangan Badan Pengawas Pemilihan Umum terhadap pelanggaran pemilihan umum legislative berdasarkan Undang-undang Nomor 7 Tahun 2017 Tentang Pemilihan Umum, (2). Untuk mengetahui mekanisme penyelesaian pelanggaran Pemilihan Umum oleh Badan Pengawas Pemilihan Umum terhadap pelanggaran pemilihan umum legislatif berdasarkan Undang-undang Nomor 7 tahun 2017 Tentang Pemilihan Umum. Jenis penelitian ini adalah penelitian hukum yang bersifat yuridis normatif dengan menggunakan dua pendekatan yakni pendekatan peraturan perundang-undangan dan pendekatan konseptual. Hasil penelitian yang melatarbelakangi perubahan kewenangan pelanggaran Pemilu yakni adanya aspirasi Bawaslu yang kesulitan dalam praktik, dimana saat terjadi pelanggaran administrasi Pemilu yang semestinya diselesaikan dengan cepat, tidak bisa dilakukan karena proses penerusan laporan dari pengawas Pemilu ke Komisi Pemilihan Umum/Komisi Pemilihan Umum Daerah tidak diproses secara cepat dan tidak diberi putusan serta tindakan. Disisi lain adanya usulan agar Bawaslu dan Mahkamah Konstitusi menjadi dua lembaga yang menangani perselisihan Pemilu. Mahkamah Konstitusi menangani perselisihan hasil Pemilu, sedangkan Bawaslu menangani pelanggaran ketentuan Administrasi pemilu, menjadi penyidik dan penuntut pelanggaran ketentuan pidana Pemilu, perselisihan antara Komisi Pemilihan Umum dengan peserta Pemilu, perselisihan antara peserta Pemilu. Bawaslu hendak dikembangkan menjadi penegak hukum dan menyelesaikan sebagian sengketa Pemilu. Pelanggaran Pemilu dibagi menjadi enam jenis yaitu Tindak Pidana Pemilu, Kode Etik Penyelenggara Pemilu, Pelanggaran Administrasi Pemilu, Sengketa Pemilu, Perselisihan hasil Pemilu, sengketa tata usaha Negara. Keseluruhan pelanggaran Pemilu ini ditangani oleh masing-masing lembaga yang berbeda.Kata kunci: pemilu legislatif; pelanggaran pemilu; mekanisme penanganan pelanggaran pemiluABSTRACTT Changes to the Authority of the General Election Supervisory Board on Violations of Legislative General Elections based on Law Number 7 of 2017 concerning General Elections. The objectives of this study are: (1). To find out the background of the change in authority of the General Election Supervisory Agency against violations of the legislative general election based on Law Number 7 of 2017 concerning General Elections, (2). To find out the mechanism for resolving violations of the General Election by the General Election Supervisory Board against violations of legislative elections based on Law Number 7 of 2017 concerning General Elections. This type of research is legal normative juridical research using two approaches namely the approach of legislation and a conceptual approach. The results of the research behind the change in election violation authority are the aspirations of Bawaslu which have difficulties in practice, where during the election administration violations which should be resolved quickly, cannot be done because the process of forwarding reports from Election supervisors to the Election Commission/Regional Election Commission is not processed quickly and not given decisions and actions. On the other hand there is a proposal that the Election Supervisory Body and the Constitutional Court be two institutions that handle election disputes. The Constitutional Court handles disputes over election results, while the Election Supervisory Body handles violations of electoral administration provisions, becomes investigators and prosecutors of violations of Election criminal provisions, disputes between the General Election Commission and election participants, disputes between election participants. Bawaslu wants to be developed into law enforcement and resolve some election disputes. Election Violations are divided into six types, namely Election Crimes, Election Organizers Code of Ethics, Election Administration Violations, Election Disputes, Election Results Disputes, State administrative disputes. All of these Election violations are handled by different institutions.Keywords: legislative elections; election violations; mechanism for handling election violations


2019 ◽  
Vol 1 (2) ◽  
pp. 155
Author(s):  
Risdiana Izzaty ◽  
Xavier Nugraha

In Article 22E paragraph (1) of the 1945 Constitution of the Republic of Indonesia, it is explained that General Elections (Elections) are held based on the principle of “luberjudil” (direct, general, free, confidential, honest and fair). One of the manifestations of this principle is through the final voter list in the implementation of the election. This research is normative research with statute approach and conceptual approach. The issues discussed in this study are 1. Can the validity of the Permanent Voters List be seen as a manifestation of a direct, general, free, confidential, honest and fair election? 2. What are the problems that arise in determining the Permanent Voters List? 3. How is the guarantee of political rights for citizens due to problems that arise in the determination of the Permanent Voters List? Based on this research, it was found that the validity of the Permanent Voters List was part of the realization of the election system which was direct, general, free, confidential, honest and fair. This research also describes the problems in determining the Permanent Voters List and the mechanism for protecting the political rights of citizens in the event of problems in the final voter listKeywords: General Election, Final Voter List, Validity


2020 ◽  
Vol 20 (2) ◽  
pp. 247-264
Author(s):  
Mahesa Rannie

Throughout its history, Indonesia has held general elections many times from 1955 to 2019. During that long period of time, Indonesia implemented a different electoral system at each election. The arrangement of the electoral system in Indonesia always changes from time to time in each election administration. In the process of changing the laws and the regulations for every election, there has always been legal political dynamics. After the 2014 elections, there have been changes regarding the conduct of elections in Indonesia. The Constitutional Court (MK) granted the petition for a judicial review of Law Number 42 of 2008 concerning the Election of President and Vice President in 2014, so that the implementation of elections in Indonesia entered a new phase in 2019 and beyond. In 2019, for the first time Indonesia held simultaneous elections. The methodology used in this study is normative. The approaches used in this study are the historical approach, the statute approach, the legal analysis approach, and the conceptual approach. Legal arrangements regarding the conduct of elections always change, starting from the highest level of legislative regulations to the lowest (from the laws to the General Election Commission regulations, presidential decrees, ministerial regulations, or other regulations). The changes in the regulations regarding the implementation of elections in Indonesia have been present since the time of the 1955 elections until the 2019 elections. Since the implementation of the 1955 elections, Indonesia has always practiced a proportional electoral system, the electoral system that is considered suitable to be applied in Indonesia. This proportional electoral system is practiced with various modifications (both the open proportional electoral system and the closed proportional system). There are even district elements in the proportional electoral system in Indonesia, for example there are electoral districts that can be equated with districts in the district electoral system. The practice of the electoral system to be used in the elections in Indonesia is almost always subject to debate, both among constitutional law intellectuals and politics.


2020 ◽  
Vol 28 (3) ◽  
pp. 355-377
Author(s):  
Lydia A. Nkansah ◽  
Delali A. Gawu

There have been seven general elections, under Ghana's Fourth Republic, to elect presidents and members of parliament. There are laws regulating the electoral process and election results have generally been accepted and, in a few cases, challenged through the laid-down process. Elections in Ghana are nonetheless reportedly flawed with irregularities tainting the outcome and creating tensions and sometimes pockets of violence. This article examines the electoral process under Ghana's Fourth Republic, namely the adoption of regulations for each electoral cycle, voters’ registration and the voters’ register, nomination of aspirants, voting, counting of votes and declaration of the results. To ensure the integrity of the electoral process, the laws regulating elections should comply with the dictates of the procedural requirements of the rule of law and the Electoral Commission's actions must be consistent with these laws.


2018 ◽  
Vol 18 (2) ◽  
pp. 222
Author(s):  
Abd. Shomad ◽  
Rahadi Wasi Bintoro

Religious court as forefront in economic sharia dispute resolution in litigation has not ideal place to perform their duty since there are still regulation conflicts such as implementation of encumbrance right execution which still becomes a domain in district court. As explained, this article discusses phi-losophical foundation of Religious Court competence to resolve economic sharia issues. In regard to this, conceptual approach, law approach and historical approach are respectively used. Based on the analysis, basic competence of religious court is Islamic personality principle which carries the use of Islamic law elements (sharia principle) in its legal relationship. From the analysis the implication is drawn that as long as a dispute belongs to economic sharia, then it is Religious Court which is com-petent to handle including court decision.Keywords: law enforcement, economic sharia dispute, absolute competence, court decision implementation


2021 ◽  
Vol 2 (1) ◽  
pp. 78-82
Author(s):  
I Kadek Andika Setiawan ◽  
I Gusti Bagus Suryawan ◽  
I Wayan Arthanaya

A failed general election will result in a re-election and will certainly require additional budget. The purpose of this research is to find out the mechanism for the implementation of the re-election and to analyze the use of the State Revenue and Expenditure Budget in the implementation of the re-election. The research method used is normative legal research with a statutory approach and a conceptual approach. The results of this study indicate that the mechanism for implementing the re-election is a dispute over the results of the disputed General Election, by presidential candidates and members of the legislative candidates through the Constitutional Court decision. The mechanism for the provision of funds from the State Revenue and Expenditure Budget in the implementation of the re-General Election is the submission of additional costs by the General Election Commission to the Budget Institution and the Budget Department to revise the budget for the implementation of General Elections that are undergoing re-election.


2021 ◽  
Vol 2 (2) ◽  
Author(s):  
Saheed Owonikoko ◽  
Kelvin Ashindorbe

This paper examines the phenomenon of inconclusive elections witnessed in the polity since 2011 but with increased frequency since 2015, a development that has put the electoral management body on the spot light. Since the conclusion of the 2015 General elections, there have been seven off-cycle governorship elections, three of these elections in Kogi, Bayelsa and Osun state were initially declared inconclusive. In the 2019 General Election, six governorship contest in Adamawa, Bauchi, Benue, Kano, Plateau and Sokoto were determined inconclusive, this is beside the stalemate in River state. Does the increase in inconclusive elections signal progress or regression in the electoral process? What role has the ‘margin of lead’ principle and other factors such as violence play in the increased number of inconclusive elections in 2019? What are the cost and implications of the widespread nature of inconclusive elections for democratic consolidation? This paper interrogates these questions against a backdrop of mercantilist politics and a rentier economy and contends that the root cause of increased inconclusive elections is traceable to the inordinate ambitions of political gladiators and their desperation to win at all cost that is fueled by the prebendal character of the Nigerian state.  The paper concludes that impersonal application of the electoral law and guidelines can only enhance the integrity of the electoral process and strengthen democracy regardless of the associated social and financial cost of inconclusive elections. The methodology is qualitative in approach, data was analysed using the thematic and content analysis style.   


2001 ◽  
Vol 45 (2) ◽  
pp. 230-235

CHALLENGING RESTRICTIONS ON THE RIGHT TO PROTECTION OF THE LAW IN ZIMBABWE.In June 2000, a general election was held in Zimbabwe. Of the 120 common roll constituencies, 62 were won by the ruling party, ZANU(PF) and 57 by the Movement for Democratic Change (MDC). The MDC alleged that the general election campaign was marred by widespread violence, intimidation and illegal practices. As a result proceedings were instituted in the High Court challenging the outcome of the electoral process in 37 constituencies. The hearings were due to commence in January 2001. On 8 December the President issued the Electoral Act (Modification) (No. 3) Notice, 2000 (SI 318/2000), which purported to justify the validation of the election results by reference to a series of assertions.


2016 ◽  
Vol 5 (1) ◽  
pp. 34-44
Author(s):  
Nadya Kharima

General election, as a locust for citizens, functions to practice their voting rights, including those people with different abilities. Although there have been policies covering the right of the later, until now, the election system still facing problems for fulfilling the right for people with disabilities. Based on report documents of two general elections, this article discusses several crucial challenges such as data on people with disabilities, accessibility to voting venue, lack of understanding of both field officer and persons with disabilities. Thus, these situations reflect a big agenda for the expected future elections in regard to in the fulfillment of persons with disabilities rights.Keywords: Penyandang Disabilitas, Pemilu, Aksebilitas.


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