Putusan Mahkamah Konstitusi Republik Indonesia Tentang Perselisihan Hasil Pemilihan Kepala Daerah Dalam Perspektif Hukum Progresif

Suparto, Suparto (2019) Putusan Mahkamah Konstitusi Republik Indonesia Tentang Perselisihan Hasil Pemilihan Kepala Daerah Dalam Perspektif Hukum Progresif. Jurnal Ilmu Hukum : Fakultas Hukum Unviersitas Riau, 8 (2). pp. 286-301. ISSN 2087-8591

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Abstract

This study aims to find out about the Constitutional Court Ruling on regional head election disputes in the perspective of progressive law. The Constitutional Court of the Republic of Indonesia based on the Constitution and the Law has the authority to decide on disputes about the results of general elections including the disputes over the results of regional elections. The result of a dispute over results is a dispute related to the results of the post-election vote count. But in decision No. 45 / PHPU D-VIII / 2010 concerning the dispute over regional head elections in Kotawaringin Barat District, Central Kalimantan Province, the Constitutional Court not only examined the results of the vote count but also examined the process. The Court make an opinion that there should be no party who benefits from the vote due to violations of the constitution and the principle of justice in the implementation of regional head elections. Regional head elections must be carried out democratically and do not violate the principles of general elections, namely direct, general, free, confidential, honest and fair. Because the election of regional heads in Kotawaringin Barat Regency found violations from the beginning of the implementation process which was carried out in a systematic, structured and massive manner, the Constitutional Court canceled the candidate pairs determined by the General Election Commission (KPU) and transferred their votes to the losing candidate and set it as a winner. This is something extraordinary in the development of the legal system in Indonesia, considering that so far the judges have only been considered as the mouthpiece of the law. Although some parties are considered controversial because they are considered to exceed their authority and violate laws, this Constitutional Court decision is a breakthrough step in order to enforce progressive law. Progressive law aims to achieve substantive justice not only procedural justice or legal certainty. The law can no longer be placed as an absolute and autonomous document. Human creativity in law enforcement must be given the opportunity to improvise in law enforcement in order to achieve justice

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