Procedural Justice and Substantive Justice for Regional Head Candidates in the Handling of Violations by Bawaslu

DOI

10.2991/978-2-38476-491-4_29How to use a DOI?

Keywords

Procedural Justice; Substantive Justice; Bawaslu

Abstract

This study will examine two forms of interest in the implementation of regional head elections in Indonesia, namely before the voting. The application of procedural justice and substantive justice can be a choice faced by the Election Supervisory Agency (Bawaslu) in handling cases of election violations. In enforcing justice against a legal subject, rule enforcers are sometimes faced with a dilemma between procedural justice and substantive justice. When procedural justice is applied directly without considering the substance, it will harm the rights of candidates that should be protected. Procedural justice in its enforcement refers to formal rules in legislation, while substantive justice relies on achieving results that are truly fair for the parties. In handling election violations by Bawaslu in regional head elections, the Election Supervisory Body is the spearhead in bridging procedural justice and substantive justice. In policy-making by issuing Bawaslu decisions, if only relying on procedural justice has the potential to undermine the substantive rights of regional head candidates. Conversely, if only emphasizing substantive justice and ignoring procedural justice, it can harm the legitimacy of the general election process. This study aims to analyze the balance between procedural and substantive justice in handling election violations by Bawaslu and the impact on regional heads in protecting their political rights. The method in this study uses a normative approach, legal sources include primary legal materials and secondary legal materials with legal material collection techniques using library studies and the internet which are analyzed descriptively qualitatively. This study produces the importance of implementing a fair trial with an integration between procedural and substantive to ensure the creation of elections with integrity and protect the rights of regional head candidates.

Copyright

© 2025 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  - Moh. Risqi Fadjar Romadhani
AU  - Bayu Dwi Widdy Jatmiko
AU  - Surya Anoraga
PY  - 2025
DA  - 2025/11/18
TI  - Procedural Justice and Substantive Justice for Regional Head Candidates in the Handling of Violations by Bawaslu
BT  - Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)
PB  - Atlantis Press
SP  - 307
EP  - 314
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-491-4_29
DO  - 10.2991/978-2-38476-491-4_29
ID  - Romadhani2025
ER  -