Mitigation of Indonesia Concurrent Election Dispute Settlement in 2024

Aristya Dinata, M. Akbar
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Abstract

—Based on Constitutional Court verdict Number 55 / PUU-XVII / 2019 which was released out on February 26, 2020, ordering the implementation of concurrent general elections. In 2019 was the first experience of holding general elections simultaneously with 5 (five) boxes and 5 (five) types of ballots, namely the presidential election, the election for members of the People's Representative Council, the Provincial Regional People's Representative Council, the Regency /City Regional People's Representative Council, and Regional Representative Council simultaneous nationally. This simultaneous general election system is extremely complicated in the process. It is not only complex but also takes a lot of victims based on experience in 2019 due to the large workload of the organizers. The massiveness and size of this democratic party caused difficulties for the organizers of both the general election commission, the election supervisory body, and the honorary council of election organizers in carrying out their duties. Not to mention, in 2024 the simultaneous general elections in Indonesia will not only be elections at the national level but also include elections at the regional level to elect governors, regents / mayors. Every general elecation event always ends in a dispute over the results of the general election. The Constitutional Court as a state institution that had the authority to settle disputes over the results of general elections (Article 24 C of the 1945 Constitution) will certainly reap the same impact if all disputed results are submitted to the Constitutional Court simultaneously. Meanwhile, the Constitutional Court is the last resort in upholding electoral justice. This paper uses a normative juridical research approach to concepts, theories and legislation. The data used are secondary data with primary, secondary and tertiary legal materials. This paper tries to answer the challenges of concurrent election dispute resolution in 2024 by providing an idea of limiting margins to file a lawsuit, and a dismissal process that involves academics at the local level to handle disputed cases of results in regional head elections both governors, regents or mayors.
2024年印度尼西亚同时选举争端解决的缓解
根据宪法裁判所于2020年2月26日发表的第55 / PUU-XVII / 2019号判决书,要求进行同期议会选举。2019年是首次在全国范围内同时举行5(5)个投票箱和5(5)种选票的大选,即总统选举、人民代表理事会成员选举、省地区人民代表理事会选举、县/市地区人民代表理事会选举和地区代表理事会选举。这种同时进行的议会选举制度在过程中极其复杂。根据2019年的经验,由于组织者的工作量很大,不仅复杂,而且受害者也很多。这个民主政党的庞大和规模给总选管理委员会、选举监督委员会、选举组织者名誉协议会的组织者们带来了履行职责的困难。更不用说,在2024年,印度尼西亚的同步大选不仅是国家一级的选举,还包括地区一级的选举,选举州长,摄政/市长。每次大选总是以对大选结果的争论结束。宪法裁判所作为有权处理议会选举结果争议的国家机关(1945年宪法第24条C款),如果将所有争议结果同时提交给宪法裁判所,肯定会产生同样的效果。同时,宪法法院是维护选举正义的最后手段。本文从概念、理论和立法三个方面运用规范的法学研究方法。所使用的数据是二级数据与一级,二级和三级法律材料。本文试图回答2024年并行选举争议解决的挑战,提出了一个限制提起诉讼的边际的想法,以及一个由地方层面的学者来处理地区领导人选举(包括州长、董事或市长)结果争议案件的解雇程序。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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