Zulfan, Zulfan (2023) Penyelesaian Sengketa Proses Pemilihan Umum Oleh Badan Pengawas Pemilihan Umum Kabupaten Indragiri Hulu Pemilihan Umum Tahun 2019. Masters thesis, Universitas Islam Riau.

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Abstract

Based on the provisions stipulated in Article 470 Paragraph (2) of Law Number 7 of 2017 concerning General Elections (Elections), new authority is given to Bawaslu, namely the authority to resolve process disputes. Disputes over the general election process are disputes that arise between the KPU, Provincial KPU, and Regency/Municipal KPU and candidates for members of the DPR, DPD, Provincial DPRD, and Regency/Municipal DPRD who have been removed from the final list of candidates as a result of the issuance of a KPU Decree concerning the Determination of the Candidate List. One example of a process dispute handled by the Indragiri Hulu Bawaslu is a dispute over the general election process with the application registration number: 001/PS.REG/BWSL.IGH.04.04/VIII/2018. From the background above, the authors formulate the main issues including: First, What is the basis for the Indragiri Hulu District Election Supervisory Board in deciding process disputes at the stage of nominating legislative members for the 2019 general election?, Second, How is the General Election Process Dispute Resolution Implemented? Ideal In Achieving Democracy?. This type of normative legal research or library research method is legal research conducted by studying and researching library materials in the form of primary legal materials and secondary legal materials. While the nature of this research is descriptive, namely providing a clear and detailed picture 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, conclusions are formulated deductively, namely drawing conclusions from general to specific matters. From the research results, it can be concluded that first, the legal considerations in the process dispute decision decided by the Indragiri Hulu Regency Bawaslu are the Constitutional Court Decision No.42/PUU-XIII/2015 and the Constitutional Court Decision No.51/PUUXIV/2016. In addition, the Indragiri Hulu Bawaslu itself considers that the Determination of the Indragiri Hulu Regency KPU Official Report is contrary to human rights related to human rights in the election process to vote and vote. On the other hand, someone who has served a sentence is considered to have acknowledged all his mistakes and must be accepted as a new human being. Bawaslu also seeks to protect the rights of citizens as stipulated in Article 28 D paragraph (1) of the 1945 Constitution, namely that everyone has the right to recognition, guarantees, protection and fair legal certainty and equal treatment before the law; and second, the election process dispute resolution mechanism at the State Administrative Court which is regulated in Articles 470 to 472 of the Election Law and in the form of Bawaslu Regulations. Second, Implementation of Ideal Election Process Dispute Resolution in Achieving Democracy

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