Dispute Settlement over the Result of Regional Election in Indonesia

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Kuswanto, Nofi Sri Utami

Résumé

The disputes settlements are initially resolved in the Supreme Court, but now are transferred into the authority of Constitutional Court. Thus, Constitutional Court declared that they have no authority to resolve dispute of elections results. However, people are confused about this authority change. In this research, there are two problems discussed. They refer to what form of dispute settlement over the election result used in Supreme Court and in Constitutional Court respectively. The results of the discussion reveal that the form of dispute settlement over the election results in Supreme Court is transitional. It means that Supreme Court gives its authority to the District Court and High Court during the settlement process. In this case, the decision made by District Court or the High Court is final and binding. In the other hands, the dispute settlement implemented in Constitutional Court is in form of trial. Constitutional Court not only examines the difference of election result calculation, but also the possible violations may occur. In case the violations contradicts the principles of direct, general, independent, confidential, honest, and fair, Constitutional Court has the constitutional authority to clear the issue.  

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