The Ideal Concept of Dispute Resolution of Regional Head Election Results in the Constitutional Court

Alfian Ratu
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Abstract

Direct Regional Head Elections can be understood more closely to the meaning of democracy. Pilkada underwent a change in term to Pemilukada, when Pilkada was categorized as part of the election, because it was followed by the transfer of authority to adjudicate disputes over election results from the Supreme Court (MA) to the Constitutional Court (MK).The purpose of this study is to find the ideal concept of dispute resolution of regional head election results. Elections are general elections to elect regional heads and deputy regional heads. In its development, the problem of the implementation of elections often occurs disputes, especially the results of the implementation of the election itself. In the Regional Head General Election Dispute is very complicated, many factors influence it both in terms of legal material violations and formal violations. Based on the results of the research found, there is a Comparison of the Periodization of Judicial Disputes of Pemilukada. With the above problems, it shows that problems in law enforcement are related to solving problems that are fair and have legal certainty in resolving election disputes. The conclusion in this study is the ideal concept of dispute resolution of future election results related to the scope of authority, legal position of the parties, object of dispute, grace period, content of application, case examination, evidence and decision.
宪法法院解决地区首脑选举结果争议的理想构想
地区首脑直选更贴近民主的含义。当 Pilkada 被归类为选举的一部分时,Pilkada 一词被改为 Pemilukada,因为在此之后,对选举结果争议的裁决权从最高法院(MA)转移到了宪法法院(MK)。选举是指选举地区负责人和副地区负责人的普选。在其发展过程中,选举执行问题经常出现争议,尤其是选举本身的执行结果。在地区负责人换届选举纠纷中,情况非常复杂,无论是法律上的实质违规还是形式上的违规,都有很多因素影响。根据调查结果,对 Pemilukada 司法纠纷的周期进行了比较。通过上述问题,可以看出执法中存在的问题与解决选举纠纷时的公正性和法律确定性有关。本研究的结论是与权限范围、当事人的法律地位、争议对象、宽限期、申请内容、案件审查、证据和裁决有关的未来选举结果争议解决的理想概念。
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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