THE AUTHORITY OF ADMINISTRATIVE COURT IN SETTLING THE DISPUTES OVER ELECTION PROCESS IN INDONESIA

Oce Madril

doi:10.20961/yustisia.v8i3.35553

Abstract

<em>Indonesia is a country that provides constitutional guarantees over the principle of popular sovereignty. A manifestation of the principle of popular sovereignty is through the holding of a General Election. To safeguard the implementation of fair and democratic elections, laws and regulations concerning elections are made by the government. One of the principles of fair and democratic elections is the availability of legal mechanisms to resolve election disputes. The Indonesian Election Law already has these rules. One mechanism for resolving election disputes is through state administrative courts. This research focuses on discussing the development of the authority of the State Administrative Court (PTUN) in resolving disputes over the Election process. The PTUN has long been established in Indonesia, but the authority of the PTUN in resolving election disputes is a new authority expressly granted by the post-reform election law. This study also discussing two PTUN decisions. The decisions show how electoral law is applied in the practice, which is sometimes not always the same as what is expected by legislators.</em>

Highlights

Indonesia is a country that provides constitutional guarantees to the principle of popular sovereignty which embodies the adage “vox populi vox dei” (Ni’matul Huda, 2012: 169)
The PTUN has long been established in Indonesia, but the authority of the PTUN in resolving election disputes is a new authority expressly granted by the post-reform election law
This is regulated in Article 122 paragraph (1) letter c of Law Number 12 of 2003 concerning General Elections of Members of the House of Representative, the Regional Representative Council, and the Regional People’s Representative Council, that one of the duties and authority of the election supervisor is to resolve disputes that arise in organizing elections

Summary

Introduction

Indonesia is a country that provides constitutional guarantees to the principle of popular sovereignty which embodies the adage “vox populi vox dei” (the voice of the people is the voice of God) (Ni’matul Huda, 2012: 169). Election is the most important institution for the fulfillment of three basic principles of democracy in a republican government, namely people’s sovereignty, the legitimacy of government, and the change of government regularly, so that the mechanism for filling the positions of people’s representatives such as the DPR, The DPD and DPRD is carried out through direct involvement of the people in an election process. This approach is carried out by examining the laws and regulations concerning general elections, the provisions relating to the resolution of disputes in the electoral process. This approach is used to examine the development of the authority of the State Administrative Court in resolving disputes over the electoral process. The case related to the nomination of Oesman Sapta Odang (OSO) as DPD members

Research Result and Discussion

General Election in 2014 and 2019

The Analysis of PTUN Decision on Election Process Dispute

Findings

Conclusion