The Dynamics of Organizing Institutions for the Resolution of Election Conflicts in Indonesia During 2005-2020 Period

Abstract

This article is the result of research on the dynamics of direct election conflict resolution institutions in Indonesia from 2005 to 2020. This study examines regulations on Regional Head Election and law enforcement with a focus on the authority of the judiciary in resolving disputes over the results in Indonesia. The purpose of this research is to find the ideal model for a special Regional Head Election judiciary body in Indonesia. The method used in this research is a type of normative juridical research using legal materials, data, and several approaches commonly used in legal research, namely the statute approach, conceptual approach, case approach, and the historical comparative approach. The technique of collecting legal materials as data used in this study is library research using content analysis. Legal materials as data are then subjected to discussion, data analysis, and classification into certain groups to be analyzed into information. The results of this study conclude that the efforts to organize court institutions for dispute over the results of the Regional Election in Indonesia for the 2005-2020 period are very dynamic. As a conclusion and suggestions, the author proposes two institutional options for the settlement of Regional Head Election disputes which are (a) Establishing a Special Judiciary Body within the Civil Court of Justice which is domiciled in each provincial capital to adjudicate and decide on election disputes, with other expanded powers in the form of adjudicating Regional Head Election crimes as well as examining and adjudicating election, regional election, administrative process, and election disputes; or (b) Defining the authority of the Constitutional Court to adjudicate disputes over the results of the Regional Head Election (in addition to the PHPU) without any differentiation between the General Election and the Regional Head Election. Keywords-dynamics, settlement of disputes over results, regional head electionRegarding the settlement of disputes over the results of the Regional Head Election, the government has recently passed the law Number 10 of 2016, where Article 157 paragraph (1) of this Law mandates "Election result dispute cases are examined and tried by a special judicial body". This special judicial body must be formed before the

Judicial Activism in Regional Head Election Dispute: The Practice and Consistency of The Indonesian Constitutional Court

“…In its development, various violating practices in the post-conflict local election have resulted in regional head election disputes. Since it was first held on June 1, 2005, the holding of regional head elections has almost always been followed by lawsuits over regional head and deputy regional head election disputes (Firmanto et al, 2021). For example, out of around 270 regional head elections that were held during 2020, there were 132 post-conflict local election results being challenged at the Constitutional Court.…”