Prospek Perluasan Kewenangan Badan Pengawas Pemilihan Umum Dalam Penyelesaian Sengketa Hasil Pemilihan Kepala Daerah

Kurnialis, Budi (2022) Prospek Perluasan Kewenangan Badan Pengawas Pemilihan Umum Dalam Penyelesaian Sengketa Hasil Pemilihan Kepala Daerah. Masters thesis, Universitas Islam Riau.

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Abstract

In practice the Pilkada immediately opens up opportunities for disputes, one of which is a dispute about the results of the Pilkada, which of course must be resolved in a manner that is in accordance with applicable law (due process of law), as mandated by Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. which states that "Indonesia is a state of law", which in this case the institution authorized to resolve regional election disputes must also fulfill the element of due process of law. The Special Judiciary Agency to handle disputes over the results of the Regional Head Elections has not yet been established, so that the authority to decide disputes over the results of the Regional Head Elections is again handed over to the Constitutional Court, with the deadline for the establishment of the Special Judiciary Agency, which is before the National Serantak Election, which is planned for implementation in 2027. From the background above, the authors formulating the main problems including: First, How is Dispute Settlement of Regional Head Elections in Indonesia Currently? The type of normative legal research or library research method is legal research conducted by reviewing and researching library materials in the form of primary legal materials and secondary legal materials. While the nature of this research is descriptive, which provides a clear and detailed description of the problems that are the subject of research. After going through the process of data collection and data processing, then the data is analyzed based on qualitative methods, then after the data is analyzed, deductive conclusions are formulated, namely drawing conclusions from general to specific matters. From the results of the study, it can be concluded that First, there is a shift in authority in resolving disputes in regional head elections in Indonesia from time to time where previously the authority in resolving regional head election disputes was owned by the Supreme Court. the formation of a special court that handles disputes over the results of regional head elections. Second, the prospect of Bawaslu's authority in the future for resolving disputes over the results of the regional head elections can be resolved through the establishment of a special court in Bawaslu. The following are some of the advantages of having a special election court located at Bawaslu, namely: Relatively having knowledge and experience of electoral issues, It does not cost a lot because it does not form a new institution, More speeds up the settlement process due to the presence of Bawaslu in every Regency/City and has a number of commissioners. sufficient to resolve the election disputes that occur.

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