Abstract

Abstract Since the Era Reformasi, Indonesia has continued to progressively take shape as a young democracy. Among the most evident democratic development processes in Indonesia are the elections fo...

Highlights

  • For 31 years, from 1967 to 1998, Suharto served as president of Indonesia, dominating the country’s political system with his Golkar Party (Butt 2015, 26)

  • This article is meant to be an in-depth description of the local election structure, with an analysis of the legal issues that arise from jurisdiction over the result dispute cases

  • The four constitutional amendments and laws that the Indonesian national government passed during Era Reformasi pushed for decentralization by shifting authority to local governments in order to correct the overly centralized national government following the Suharto era (Smith 2008, 215)

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Summary

INTRODUCTION

For 31 years, from 1967 to 1998, Suharto served as president of Indonesia, dominating the country’s political system with his Golkar Party (Butt 2015, 26). The law only requires that the national legislature create this special judicial body by 2024 (Article 157(2), Law No 10, 2016) This means that the Constitutional Court could continue to exercise jurisdiction over the local election result dispute cases 10 years after the Court deemed the authority unconstitutional. The Constitutional Court continuing to hear Pilkada result dispute cases is counterintuitive and, as Indonesia continues to reform its election processes, this dichotomy between Court decisions and national legislation is of heightened importance Recent literature on this topic (Aspinall and Mas’udi 2017; Seran 2017) focuses on Court rulings and the synchronization schedule, but does not fully explain the complexity of the local elections. The article focuses on the issue of jurisdiction over the Pilkada dispute resolution cases to draw attention to what creating a special judicial body means, and why it is critical

THE CONSTITUTIONAL COURT OF INDONESIA
INDONESIAN LOCAL GOVERNMENT AND ELECTION STRUCTURE
THE PILKADA
PILKADA RESULT DISPUTES
PROCESS FOR DISPUTE FILING
Findings
PILKADA CASES
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