Gagasan Peradilan Khusus Untuk Menyelesaikan Sengketa Pemilihan Kepala Daerah Di Indonesia

Tamimi, Ahmad (2022) Gagasan Peradilan Khusus Untuk Menyelesaikan Sengketa Pemilihan Kepala Daerah Di Indonesia. Masters thesis, Universitas Islam Riau.

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Abstract

The purpose and use of it is to know and understand the urgency of the special judiciary and its institutional design. So that in the transition period since the Constitutional Court declared that it is no longer authorized and the law mandates the establishment of a special court, this study can contribute ideas for a better arrangement of the electoral justice system in Indonesia. In an effort to answer this question, the author uses a normative legal research method, with a statute approach, and a comparative approach. Through qualitative data analysis techniques, with descriptive-analytical methods, which describe legal concepts, then compare the data with the provisions of laws and regulations or the opinions of experts or other systems, then conclude deductively, with the theory of democracy, elections and electoral justice, and disputes and dispute resolution models. Based on the analysis carried out, juridically, philosophically and sociologically it leads to the conclusion that the regional head election court will soon arrive, so that justice, certainty and benefit can be realized effectively. Then for the institutional design, based on the consideration of the principles of effectiveness and efficiency as well as the principle of proportionality between implementing agencies, it is sufficient to transform the existing organizing institutions, namely the Election Organizing Honorary Council (DKPP) into a semi-judicial (quasijudicial) institution that is autonomous and integrated (holistic). . This means that it does not only deal with outcome disputes but also types of violations and other disputes, because it is part of an electoral law system. So, in the perspective of the ius constituendum, the offer of a special judicial authority design is: first; resolve forms of violations; namely violations of the code of ethics and administrative violations of a TSM nature. Second; settle disputes, namely state administrative disputes, and disputes over election results, in the form of chambers arranged according to their respective procedural laws. These special courts are at the central and provincial levels and are permanent.

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