Establishment of a Special Judicial Body for Settlement of Disputes on the Results of Regional Head Elections Based on Legislations

Pembentukan Badan Peradilan Khusus Penyelesaian Sengketa Perselisihan Hasil Pemilihan Kepala Daerah Berdasarkan Peraturan Perundang-Undangan

Abstract

This study aims to determine and analyze how the formation of a special judiciary body for dispute resolution over regional head elections based on statutory regulations. The formulation of the problem in this study is to determine how the form of a special judicial body as a judicial body that is formed to resolve disputes over the results of regional head elections and to find out how the authority of a special judicial body is to resolve regional head election disputes. This research method is juridical normative, while the research results obtained are: 1). The formation of the Special Courts for Regional Head Election is regulated by Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning Stipulation of Government Regulations in of Law Number 1 of 2014 concerning Elections of Governors, Regents and Mayors into Law. This law does not clearly regulate the form of the special court. So based on the results of this research that a special judicial body can be formed under the Supreme Court and within the State Administrative Court. Election will be completed by a special court. However, in the development of this special court, it is better to resolve all election disputes and elections not including election result disputes, where the resolution of dispute over election results remains the authority of the Constitutional Court, while the resolution of election disputes, election disputes and dispute over election results is handled by a special court through several dispute room.