Legal Arguments in Transferring Authority to Settle Disputes on Regional Election Results in Indonesia

DOI

10.2991/978-2-38476-218-7_62How to use a DOI?

Keywords

Legal reasons; regional elections and general election; disputes over regional election results

Abstract

This research analyzed the factors causing changes in the legal reasons for Regional Election as an election regime in determining the authority to resolve disputes over Regional Election results. This research method is normative legal research or doctrinal legal research with two approaches: the statutory and conceptual approaches. Factors that cause changes in the legal reasons for the regional election regime as the First Election: The regional election regime factor has a very strategic legal position in determining the authority to resolve disputes over regional election results because it is related to Article 22E paragraph 2 of the 1945 Constitution concerning the scope of elections and Article 24C paragraph 1 of the 1945 Constitution concerning the authority of the Constitutional Court. Second: Judicial behavior factors related to the professionalism and integrity of judges. In exercising their authority, there are abuses where judges are considered unprofessional in making decisions, and there are judges who commit judicial corruption. Efforts to change the Regional Election into a general election are carried out by interpreting the constitution by the Constitutional Court, namely the interpretation of Article 22E paragraph 2 of the 1945 Constitution and Article 24C paragraph 1 of the 1945 Constitution. In this case, no regulations give the Constitutional Court authority for this matter. In practice, constitutional interpretation is permitted but should not be carried out on articles whose interpretation leads to political interpretation. This condition should be the authority of parliament to change it by amending the constitution. The Regional Election and General Election regime should be changed through constitutional changes.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Alfonsus Fa
AU  - I Gusti Ayu Ketut Rachmi Handayani
AU  - Enny Nurbaningsih
PY  - 2024
DA  - 2024/02/22
TI  - Legal Arguments in Transferring Authority to Settle Disputes on Regional Election Results in Indonesia
BT  - Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
PB  - Atlantis Press
SP  - 370
EP  - 374
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-218-7_62
DO  - 10.2991/978-2-38476-218-7_62
ID  - Fa2024
ER  -