The Interpretation of Structured, Systematic, and Massive Violations in the 2019 Presidential Election Dispute at the Indonesian Constitutional Court

Heru Widodo

doi:10.5539/jpl.v14n4p47

Abstract

Based on the results of the election of candidates for President and Vice President of the Republic of Indonesia in 2019, an objection was submitted to the Constitutional Court over the results of the vote count by Candidate Pair 02 Prabowo-Sandi. Apart from questioning the correction of miscalculations, objections were also filed against various frauds that caused the candidate&#39;s defeat based on structured, systematic, and massive violations. In this article, the problems include: (1) How is the legal aspect of a structured offense, systematic and massive in disputes over election results? (2) What are the law enforcement regulations for election violations and disputes? (3) What is the interpretation of disqualification in the Constitutional Court Decision after the enactment of the Election Law and the Law on General Election of Regional Heads simultaneously? Data analysis used descriptive qualitative, by classifying, comparing, and linking legal materials with the subject matter. The conclusion is various reforms in law enforcement regulations for simultaneous election violations and disputes include the resolution of violations, criminal acts, and election disputes, including the resolution of structured, systematic, and massive violations, accompanied by strengthening of institutions and setting limits on the authority for settlement. In the 2019 Presidential and Vice-Presidential Election, the authority to enforce the law for measurable violations regarding the nomination requirements are submitted to the Election Supervisory Agency and disputed through the State Administrative Court. As for Structured, Systematic, and Massive violations, the reporting process is processed and decided by Bawaslu (Indonesian: Badan Pengawas Pemilu).

Highlights

IntroductionSiegel said the problem of counting votes is deep Election is the oldest activity in a nation, among various other problems
The problems studied can be formulated, namely (1) How are the legal aspects of structured, systematic, and massive violations in disputes over election results? (2) What are the law enforcement regulations for election violations and disputes? (3) What is the interpretation of disqualification in the Constitutional Court Decision after the enactment of the Election Law and the Law on General Election of Regional Heads simultaneously? (4) How is the enforcement of substantive justice after the simultaneous enactment of the General Election Law? and (5) How is the tiered proof of vote acquisition claims?
Data relevant to the object of the problem was analyzed descriptively qualitatively. This method uses an inventory of problems in presidential election disputes and juridical analysis of constitutional court decisions, associated with violations that occurred during the presidential election process

Summary

Introduction

Siegel said the problem of counting votes is deep Election is the oldest activity in a nation, among various other problems Likewise in the Presidential and Vice Presidential Elections, legislative elections, and regional head elections, the vote count results are almost always a problem that is resolved by the Constitutional Court. Since amendments to the 1945 Constitution, the constitution provides room for resolution of eligible participants for the arising of vote-counting problems, which have an impact on the electability of participants. About the vote count results of the Presidential and Vice-Presidential Election and the legislative elections, an application may be submitted to the Constitutional Court. As for disputes over vote counting or disputes over the results of regional head elections, there are dynamics of changes in judicial authority. During the first direct regional head elections in 2005, disputes were submitted to the Supreme Court. In 2008, there was a transfer of authority from the Supreme Court to the Constitutional Court, based on Article 236 C of Law Number 12 of 2008 concerning the Second Amendment to the Regional Government Law (Ni'matul Huda, 2011)

Methods

Discussion

Conclusion