Sirait, Mira Istiawanti (2023) Menggagas Badan Pengawas Pemilihan Umum Dalam Menyelesaikan Sengketa Hasil Pemilihan Kepala Daerah (PILKADA). Other thesis, Universitas Islam Riau.

Text 171010246.pdf - Submitted Version Restricted to Registered users only Download (1MB) | Request a copy

Abstract

This research is an idea in the process of resolving disputes over election results which are usually carried out by the Constitutional Court at general election parties and regional head elections, in accordance with the decision of the Constitutional Court (MK) Number 97/PUU-XI/2013 which states that the Constitutional Court is no longer authorized to resolve disputes direct election results when a new special judicial institution has been established. Article 157 paragraph (1) of Law Number 8 of 2015 stipulates that dispute resolution on the results of direct elections is the authority of a special judicial body in this case it can be given to BAWASLU. The main problem in this study is how is the process of resolving disputes over the results of regional head elections by BAWASLU and what are the weaknesses and strengths of BAWASLU to resolve disputes over the results of regional head elections in the future?. In this study, the author uses normative legal research, namely library research with data collection methods from studying books, laws and regulations, and writings related to research. The nature of the research used is descriptive analytical research, which means to present a clear and detailed picture of Bawaslu as a new special judicial institution that resolves disputes over the results of regional head elections in Indonesia. The results of this study explain that there is a process of resolving disputes over the results of the regional head elections by Bawaslu with a periodization of the judiciary which is authorized to adjudicate disputes over the results of the regional head elections directly. The establishment of a special judicial body such as the General Elections Supervisory Body (BAWASLU) which handles election results disputes is the best solution to legal problems that occur. In order not to cause new problems and will improve the quality and effectiveness of resolving disputes over the results of regional head elections in the future, it is through empowering Bawaslu and then transforming Bawaslu into an institution that will carry out special judicial functions as referred to in Article 157 of Law Number 10 of 2016 concerning Elections. Governor, Regent, and Mayor.

Actions (login required)

View Item