DINAMIKA MENGADILI SENGKETA PERSELISIHAN HASIL PEMILIHAN KEPALA DAERAH

Putusan MK Nomor: 26/PHP.BUP-XVI/2018

  • - Samsudin Universitas Krisnadwipayana
Keywords: election system, kpu, bawaslu, pt tun, mk, dkpp

Abstract

The simultaneous regional election held for the first time in 2015 provided a lot of learning in a democratic country, namely that every citizen has equal and effective opportunity to vote and all votes must be counted together. The Election Law does not clearly state or regulate how and through the institutions what parties are harmed by the KPU's decision can resolve their objections. The purpose of this study was to determine the threshold for the dispute over the vote selection of regional head candidates for the District Head and Deputy Regent of Tabalong in 2018 and to find out which special judicial institutions were ideal for examining judgments and resolving disputes over regional elections. The Research Method uses normative juridical that is the focus to examine the application of norms in positive law. Conclusion, determination of threshold according to the provisions; First, the provision for the threshold for submitting an application to the Constitutional Court is 2% of all valid votes. Special judiciary institutions that are ideal for resolving disputes over the determination of the final stage of the vote result are examined and tried by the Constitutional Court until the establishment of a special judicial court.
Published
2020-06-24
Section
Artikel