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Scirj, Volume XI [2024]
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Scirj Volume X, Issue VI, June 2022 Edition
ISSN: 2201-2796

THE SETTLEMENT OF DISPUTES ON THE RESULTS OF REGIONAL HEAD ELECTIONS

Mike Nurhidayah, Prof. Dr. Widodo Ekatjahjana, Prof. Dr. Bayu Dwi Anggono, Dr. Iwan Rachmad Soetijono

Abstract: The Dispute on the Result of Election of District Head is disputes between provincial General Elections Commission (GEC) and/or Regional General Elections Commission (RGEC) and the participants of election regarding the determination of the vote acquisition results from the election. The disputes over the determination of the vote acquisition results from the election are disputes over the determination of the vote acquisition which are significant and may affect the determination of the candidate to advance to the next round or the determination of the elected candidate. The complexity of the General Election dispute is also had further complicated cases because of the Constitutional Court Decision Number 97/PUU-XI/2013 which distinguishes the regional head election regime from the general election regime. That decision also mandates the establishment of a special judicial body. Based on Law Number 1 of 2015 on Stipulation of Government Regulations in Lieu of Law Number 1 of 2014 on the Election of Governors, Regents, and Mayors becomes the Laws and it has changed several times, most recently Law is Number 6 of 2020 on Mandating the Establishment of the Special Courts also be used as the right momentum to trigger the unification of judicial institutions specifically that handle the General Election cases holistically. The special judicial institution has not been established by the Supreme Court until now. In fact, a similar model of adjudication institution has been successfully applied in several countries such as Uruguay, Brazil, Germany, Costa Rica, Nigeria, Mexico and England. The establishment of the special judicial body for General Elections, like other special courts, also requires the construction of its own procedural law.

Reference this Paper: THE SETTLEMENT OF DISPUTES ON THE RESULTS OF REGIONAL HEAD ELECTIONS by Mike Nurhidayah, Prof. Dr. Widodo Ekatjahjana, Prof. Dr. Bayu Dwi Anggono, Dr. Iwan Rachmad Soetijono published at: "Scientific Research Journal (Scirj), Volume X, Issue VI, June 2022 Edition, Page 24-31 ".

Search Terms: Settlement, The Result Disputes, District Head Elections

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