Roles of justice courts: settlement of general election administrative disputes in Indonesia

Abstract

Both the management and participants commit administrative violations in the general election. Often, they are not aware that they are breaking regulations. Since the fall of the New Order Era, administrative frauds in the general election are handled by administrative courts through administrative legal proceedings. Administrative violations bring about disadvantages to participants and raise administrative disputes between the two parties. The present article analyses the process of the settlement of administrative disputes in the 2019 general election in Indonesia and the roles of the administrative courts in the process. Data on the examples of cases and causes of disputes are obtained empirically in court verdicts by the High Court of the Republic of Indonesia that have legal standing. The analysis adopts the inductive logic method. This article concludes that the process of the settling of administrative disputes of the general election in Indonesia, as in various other democratic countries, takes the involvement of administrative dispute resolution bodies (ADR). ADR must be completed first before bringing dispute cases to the administrative court. The settlement of the disputes is done by the Constitution Court of the Republic of Indonesia and is regulated by State Law of the Republic of Indonesia Number 7 Year 2017 about the general election.