Kedudukan Bawaslu Dalam Menangani Perselisihan Hasil Pemilu : Persfektif Electoral Dan Constitutional Democracy

Abstract

The large number of requests for dispute resolution of the results of the 2019 elections, which were received by the Constitutional Court and must be resolved within a limited time, has prompted the birth of a number of ideas to restructure the authority in handling disputes over election results. This paper aims to provide ideas related to Bawaslu's position in handling disputes over election results using normative legal research methods. From the electoral effectiveness, the existence of the Constitutional Court as an institution that judges disputes over election results is appropriate. Apart from being the Guardian of the Constitution, it is also in the context of checks and balances. From the effectiveness of Constitutional Democracy, that the authority of the Constitutional Court in deciding disputes over election results has not been carried out effectively and efficiently, where so far the majority of disputes over election results requested to the Constitutional Court, also contain legal problems with elections which are basically the authority of Bawaslu.