URGENSI PEMBENTUKAN PERADILAN PEMILIHAN UMUM DALAM MEWUJUDKAN KEADILAN DI INDONESIA

kusuma, yanita (2024) URGENSI PEMBENTUKAN PERADILAN PEMILIHAN UMUM DALAM MEWUJUDKAN KEADILAN DI INDONESIA. S3 thesis, Universitas Jambi.

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Abstract

In reality, law enforcement is attempting to ensure a fair election through the judiciary's effort to resolve conflicts arising from the general election. This study examines the legal problem of the absence of guidelines for the specialized judiciary to handle electoral disputes. The study aims to investigate the resolution of Indonesian general election disputes, evaluate the urgency of establishing specialized courts to address these issues, and explore the concept of a General Election Court as a means to promote justice in the country. We will assess the gathered legal materials using normative jurisprudence, which encompasses legislative-legislative approaches, case approaches, historical, comparative, and conceptual approaches. We can sum up the study's findings as follows: Initially, a number of organizations handled Indonesia's general election dispute resolution: the Bawaslu, the State Commercial Court, the Police, the Prosecutor's Office, the General Courts, the Honorary Council of Electoral Organizers (DKPP), and the Constitutional Court. Election administration violations, election punishment, election process disputes, election organizers' code of ethics violations, election result disputes, and (3) and (4) election process disputes are among the categories of electoral disputes that these agencies were granted the authority to resolve. Second, because it was taking too long for the Sub-Law, State Commerce Court, State courts, and Constitutional Court to address problems, it became necessary to establish a special court to resolve election disputes immediately. People were relying on the court's decisions in election-related matters, which further exacerbated the situation. Thirdly, the General Election Court upholds justice in Indonesia by utilizing specialized judicial bodies to best apply the rule of law. We suggest two ways to create a specialized judiciary: either amend the 1945 Constitutional Act to establish an Electoral Court that is equal to the Supreme Court and the Constitutional Court, or create a Special Judicial Body under the Supreme Court as part of the Judicial Institution. Keywords: Dispute, General Election, General Election Court.

Type:	Thesis (S3)
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Ilmu Hukum
Depositing User:	KUSUMA
Date Deposited:	12 Jun 2024 04:52
Last Modified:	04 Jul 2024 07:43
URI:	https://repository.unja.ac.id/id/eprint/65094

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