Election Disputes Research Articles

How the General Election Supervisory Agency Resolving the Election Disputes?

General Election is one form of efforts to implement a democratic system in Indonesia. With this election, people can fulfill their right to freedom of expression. However, besides that, the holding of elections often creates conflicts that have an impact on election disputes. This is what hinders the process of state sovereignty from running properly. Therefore, in an effort to avoid this, a supervisory agency was formed to organize elections in Indonesia. The General Election Supervisory Agency (or as Bawaslu) is one form of effort in implementing a good electoral process. Bawaslu has the authority to oversee everything that happens when the election takes place from the start until the election results are read. From this article the author will discuss the Bawaslu Institution as well as its role in resolving election disputes in Indonesia. In addition, the author also provides an analysis of a case study, an example of election disputes that have occurred in Purwakarta Regency, West Java.

Juridical Review of the Authority of the Central Jakarta District Court in Deciding Election Postponement Cases (Central Jakarta District Court Decision Study Decision Number 757/Pdt.G/2022/PN Jkt. Pst)

Indonesia is a unitary state in the form of a republic that adheres to an indirect democratic system of government, in which the people's voice is represented by the people's representative body so that the state always carries out a general election system every 5 years. General elections are a means of people's sovereignty to elect members of the DPR, DPD, DPRD, President and Vice President, which are carried out directly, publicly, freely, confidentially, honestly and fairly, within the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia. issues circulating in Indonesia regarding elections because Indonesia will again carry out elections in 2024. One of the issues that has shocked the public lately is the issue of postponing the elections that came from the Central Jakarta District Court. The research method used in writing this scientific article is normative juridical research. As for the research approach used in this study is qualitative research. From the results of the research, the authors conclude that the election dispute between the Prima Party and the KPU does not fulfill the conditions for postponement of the election, and that the Central Jakarta District Court is not authorized to adjudicate cases of postponed elections. Court institutions in the future are expected to carry out their duties and authorities in accordance with applicable laws and regulations.

Juridical Review of the Authority of the Constitutional Court in Settlement of General Election Disputes

Indonesia as a democratic country cannot be separated from the voice of the people in running its government. Every Indonesian citizen has the right to vote and be elected as stipulated in Law Number 39 of 1999 concerning Human Rights. As a milestone in the embodiment of the principles of democracy, general elections to elect representatives of the people must be based on the voice of the people. In the general election process, it is not uncommon for errors to occur in determining the results of the vote acquisition results which can lead to a particular conflict. Taking into account the error in determining the results of the vote acquisition or what is commonly referred to as the General Election Result Dispute (PHPU), it is necessary to have a method of settlement that can be carried out by the Constitutional Court. In this case the author examines what is the authority of the Constitutional Court in resolving disputes over the Obtaining of General Election Results (PHPU) and regarding the procedures for resolving disputes over the Obtaining of General Election Results (PHPU) in accordance with existing laws and regulations.

An Introspection into the Emergence of ‘Inconclusive Elections’ from the Electoral Act 2022 and Its Implication on the Nigeria Politics

The incidence of inconclusive elections in Nigeria has attracted diverse perspectives in recent times. The significance of this discourse to the consolidation of Nigeria’s democracy cannot be ignored considering its consequential effects on the country’s electoral process. In what seems to be an unusual jurisprudential and political development was the case of John Faleke v Independent National Electoral Commission (INEC) & Anor which posed a peculiar scenario that was unprecedented to the evolution of electoral disputes in Nigeria. In line with the Constitution of the Federal Republic of Nigeria (CFRN), the Independent National Electoral Commission is empowered to organize or undertake and to supervise all elections to key offices including those of the President and Vice President, Governor, and Deputy Governor among others. It is in the exercise of this power that the INEC developed the Electoral Act and Election Manual used for all general elections which authorized the INEC to declare elections inconclusive or to schedule a rerun election where appropriate. Several arguments have arisen as to the constitutionality of the declaration by INEC. The first notorious case was the Kogi State Gubernatorial Election held on November 21, 2015, as an inconclusive election. It is against this background that the paper examines the decision of the Supreme Court in the case of James Faleke v INEC, the provision of the Electoral Act 2022 and Election Manual which affirms the legality of the INEC’s power and the correctness of the declaration of inconclusive election. It argues that the declaration of election as inconclusive is in line with the Electoral Act and the Constitution. The paper further posits the fundamental grounds or conditions upon which an election can be declared as ‘inconclusive.’ However, it suggests that there is a need to carefully thread the path of application of the provisions on inconclusive election in order to avoid a situation where it is being deployed as a manipulative tool for the benefit of the ruling party.

Pseudo-judicial Review for the Dispute over the Result of the Regional Head Election in Indonesia

In Indonesia, the Constitutional Court has the power to decide the dispute over the result of the national election, including that of the regional head election. In practice, the Constitutional Court exercises power with the so-called pseudo-judicial review for the result of the regional election dispute. This study aims to analyse the rationale of the Constitutional Court to implement a pseudo-judicial review over the regional head election result, given the judicial activism that also is limited to checks and balances. It also links the theoretical basis for rule-breaking and judicial activism by the Constitutional Court, the transition of the Constitutional Court's power in deciding regional election disputes from temporary to permanent, as well as further analysis of why the Constitutional Court needs to file a lawsuit for review. This study used legal research that examined legal principles and regulations with a theoretical approach analysed qualitatively. The results of this study indicate that pseudo-judicial review affirms the legal breakthrough beyond ordinary decisions as this was made on the ground of the public interest. While the Constitutional Court is essential in maintaining and overseeing democracy in Indonesia, the rationale of the Constitutional Court under the public interest is justified as it is constitutionally correct that has led to judicial activism. A pseudo-judicial review is for substantial justice and can influence time efficiency.

Legal Social Justice in Appointment Non-Definitive Regional Heads toward Welfare State

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">The process of resolving administrative violations in the appointment of non-definitive regional heads that have not been regulated can threaten democratic values. Likewise, there has not been a judicial institution that has been given special authority to try it. This study aims to provide a regulatory model or settlement of administrative violations in the appointment of non-definitive regional heads in the welfare state. This study is a normative legal research that uses legal theory to settle administrative violations, legal protection, the welfare state, and Pancasila democracy. The study results show that the judicial mechanism for appointing non-definitive regional heads has a specificity that cannot be resolved through general State Administrative dispute resolution. In the USA, election disputes were resolved through the courts, whereas, in Australia, the Electoral Management Bodies determine the mayoral elections dispute. A design that can be chosen for the judicial process for appointing a non-definitive regional head is proposed, namely by granting authority to <em>Bawaslu</em> to resolve administrative violations through the Special Court mechanism. The granting of judicial authority can fulfill the basic principles of fast, open, and constitutional non-definitive regional head appointment dispute resolution.</p></td></tr></tbody></table></div>

MODEL PILIHAN PENYELESAIAN SENGKETA HASIL PILKADA

Regional General Elections or often referred to as regional elections are a method or mechanism for electing regional heads that are based on the constitution and are legal according to law. With the regional election, it is hoped that a fair, honest and wise leader can be elected to form a democratic government, but in the process there are disputes over the results of the vote count so that it has the potential to cause conflict if not resolved quickly. To overcome this, the government appointed the Supreme Court which has the right to adjudicate the dispute, over time the authority was then transferred to the Constitutional Court, causing a tug of war against the authorities authorized to adjudicate disputes over the results of the elections. Therefore, the writing of this paper will try to provide a study that aims to provide input to the government to choose the right institution for adjudicating the results of regional election disputes. This writing uses a normative juridical method with a statutory, historical, and conceptual approach and is supported by primary and secondary data. The results of this paper have four recommendations for institutions that have the right to adjudicate regional elections including the Constitutional Court, High Administrative Court, Election Watchdog, and the Special Court.

The Power of Constitutional Court to Settle Disputes on Local Election Results

Constitutional Court Decision No. 85/PUU-XX/2022 abolished the proposal to establish a special court that have the power to resolve disputes on local election. As a result, that power shifted to Constitutional Court. This, de facto, is not the power designed to be exercised by the Court. Back tracked on historical trajectory of holding direct local elections, there has been a tug-of-war between judicial bodies on who have the legitimate power to settle the disputes on local elections results. This study aims to examine the power of Constitutional Court to adjudicate disputes on local election results. To achieve the research objective, this research framework will look at the historical context to have an overview of the dynamics of transposition of judicial bodies to settle the disputes. In addition, this also assess Constitutional Court decisions which provide interpretations as the basis for the legitimacy of the Court's power to adjudicate local election disputes.

Європейський досвід розгляду та вирішення виборчих спорів в порядку адміністративної юстиції

The research is devoted to the study of the European experience of hearing and resolving electoral disputes in the administrative justice system. The availability of a national system of effective consideration of disputes concerning legal relations related to the election or referendum process is one of the basic guarantees of free and fair elections. Ukraine is a state that is integrating into the European legal space, thus the European system of standards is of key importance. It is pointed out that the electoral law of most European countries provides for two ways of hearing electoral disputes: administrative and judicial. The administrative method of electoral dispute resolution provides for the possibility of itsconsideration by various bodies, depending on the elections concerning which dispute arises (parliamentary, provincial, municipal). The judicial procedure for consideration of electoral disputes in foreign countries also has a number of peculiarities. The author describes the experience of such countries as Sweden, Norway, Denmark, Finland, Germany, and France. The advantages and disadvantages of administrative and judicial methods of electoral dispute resolution in European countries are analyzed. It is pointed out that despite the positions according to which preference is given to election commissions consisting of highly qualified specialists, the current state of affairs in Ukraine does not allow to remove election disputes from the jurisdiction of administrative courts. This requires that election commissions be composed of independent, impartial, professional members, and the practice of conducting elections in Ukraine shows quite opposite situation. Nevertheless, in general, the procedural legislation of Ukraine regulating the procedure and terms for appealing electoral violations and consideration of cases of this category by administrative courts in most aspects complies with established European standards.

ANALISA PENERAPAN PUTUSAN ULTRA PETITA OLEH MAHKAMAH KONSTITUSI DALAM PUTUSAN PERSELISIHAN HASIL PEMILIHAN UMUM

The Constitutional Court is a particular judicial state institutions that has a position as a judicial institution besides the Supreme Court. Their responsibilities and power are controlled in Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia, where one of them is determining disputes over the outcome of the presidential elections. Requests for these types of issues may only be submitted by election participants considering the rules and regulations provided in Law no. 24 of 2003. In giving a decision, the judge has the right to find his own law, including giving a decision that exceeds the application submitted by the applicant which is called a decisionultra small. This is intended to provide substantive justice to the applicants. The objective of doing this research is to analyze whether the decisionultra smallcan be applied in the issue of disputes over election results. For this reason, , a normative research was conducted using a qualitative methodology so that the results provided are a comprehensive discussion. The outcomes from this research prove that the verdictultra smallcan be given to cases of disputed election results. Example of applicationultra small against the action of the Constitutional Court is the Constitutional Court Decision Number 41/PHPU.D-VI/2008 and the Constitutional Court Decision Number 57/PHPU.D-VI/2008.Keywords:ultra petita, verdict, election dispute

Legalitas Keikutsertaan Kabupaten Pemekaran dalam Pemilihan Bupati dan Wakil Bupati Kabupaten Induk

The legality of the participation of East Kolaka Regency in the election of regent and deputy regent in Kolaka Regency is based on KPU Circular Number 162/KPU/III/2013 dated March 18 2013 and Letter of the Minister of Home Affairs Number 270/3568/Sj dated July 9 2013 which has been its validity was recognized by the Constitutional Court through the Constitutional Court Decision Number 134/PHPU.D-XI/2013 concerning the East Kalimantan Election Dispute and the Constitutional Court Decision Number 169/PHPU.D-XI/2013 concerning the Kolaka Regency Election Dispute and the legal consequences of the participation of the Kolaka district Timur in the election of the regent and deputy regent in Kolaka district against the election results as the basis for the emergence of legal action from one of the candidate pairs for the Regent and Deputy Regent of Kolaka at the Constitutional Court in decision Number 169/PHPU.D-XI/2013 concerning the Kolaka District Election Dispute.

Overcoming challenges to the adjudication of election-related disputes at the African Commission on Human and Peoples' Rights: Perspectives from the Ngandu case

The African Commission on Human and Peoples' Rights is increasingly taking on the role of a regional electoral adjudication body in resolving election-related human rights violations. While this role is essential because of the contested nature of elections in Africa and the inability of many national election resolution mechanisms to sanction election irregularities, the African Commission must master the intricacies of election dispute resolution in member states for its recommendations to be based on sound legal principles. Its decision in the Ngandu case provides an opportunity to assess the nature of some of the challenges faced by the Commission when adjudicating election-related disputes and how to overcome these. In this decision, the African Commission found that the Democratic Republic of the Congo had violated the complainant's right to defence, to political participation and to work following the annulment of his election as a member of the National Assembly by the country's interim Constitutional Court (the Supreme Court of justice). The analysis of the case suggests that, despite the African Commission's ability to re-affirm the relevance of the right to political participation for the consolidation of democracy in Africa and protecting the right to a fair trial and to work, it must address three types of challenges in its role as election-adjudication body using the procedural mechanisms provided for in both the African Charter and the Rules of Procedure. These challenges are the knowledge of electoral justice systems operating in the DRC and Africa at large; the impossibility of restitution as a form of reparation; and the state's participation in proceedings and the implementation of recommendations.

KEWENANGAN PENYELESAIAN SENGKETA PEMILIHAN KEPALA DAERAH PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 85/PUU-XX/2022

<p><em>Indonesia is a country that upholds people's sovereignty which is carried out based on law, this is confirmed constitutionally in Article 1 paragraph (2) of the 1945 Constitution. In electing leaders, the people are allowed to determine them directly, namely through an election process. At the regional level, there are Regional Head Elections (Pilkada). Initially, the Supreme Court had the authority to resolve regional election disputes as emphasized in Article 106 paragraph (1) of Law Number 32 of 2004 concerning Regional Government. In its development, this authority was transferred to the Constitutional Court with the passing of Law Number 12 of 2008 concerning the Second Amendment to Law Number 32 of 2004 concerning Regional Government. Then, the authority of the Constitutional Court in deciding disputes over regional head election results was declared unconstitutional through Constitutional Court Decision Number 97/PUU-XI/2013. However, in the end, the Constitutional Court again took over the authority to resolve regional election disputes through Constitutional Court Decision Number 85/PUU-XX/2022. </em><em>In this study, we will discuss the authority to resolve regional election disputes while still at the Supreme Court. Then, the following discussion examines the discourse on forming a particular judicial body in resolving regional election disputes. The final debate will examine the authority to resolve regional election disputes of the Constitutional Court from when it was still a temporary authority until it became a permanent authority after Constitutional Court Decision Number 85/PUU-XX/2022.</em></p>

Analisis Sinergi Penguasa dan Pengusaha dalam Kasus Korupsi Banten

The article describes a book review of Amalia Syauket's work entitled Octopussy: The Synergy of Rulers and Entrepreneurs on the Typology of Corruption Octopus in Banten. Along with the growth and development of Banten as a province, it is intertwined with the reality of the Political Dynasty. Especially what happened in Banten, the Octopussy type Political Dynasty with the existence of synergy between rulers and Entrepreneurs in forming a dynasty. The prestige of the Political Dynasty, which was originally expected to end due to Ratu Atut as the Ruler of the Clan being imprisoned due to a bribery case in the regional head election dispute in Lebak, turned out to be that the authority of the Political Dynasty decreased for a moment. Ratu Atut's family returned to power in Banten after their son Andika Harzumy was elected deputy governor of Banten. The glory of the Political Dynasty in Banten which was built by design will allegedly remain strong with the presence of two potential candidates from the Ratu Atut Family namely Andika Harzumy and Airin Rachmi Diany as candidates for governor of Banten. The glory of the Political Dynasty was intertwined with corruption and also caused increasing poverty in Banten.

Prevalence of anemia among HIV-infected individuals and the associated factors: A single-center, retrospective review of 513 cases

Background: The 2000–2011 period was for Côte d’Ivoire a period of sociopolitical crisis resulting from an electoral dispute. Skin diseases have long been recognized as an important cause of morbidity among the military, in times of conflict or peace, regardless of their geographic location. In the literature, we found no study on the prevalence of dermatoses in the civilian population during or after the war. In this study, we sought to describe the sociodemographic characteristics of patients and determine the dermatoses observed during this period. Materials and Methods: We conducted a retrospective database study of patients who consulted the dermatology department of the CHU of Treichville from April 18 to July 18, 2011. Data collection was performed with a survey form. The data collected was analyzed with EpiData 3.0. Results: We analyzed the files of 1755 patients and found that 56.75% were males and 43.25% were females. Teenagers and young adults aged 15 to 49 were the most numerous to consult (71.11%). A total of 1923 dermatoses were diagnosed. The five most frequent dermatoses observed were as follows: immunoallergic dermatoses (35.36%), infectious (bacterial, mycotic, parasitic, and viral) and tropical dermatoses (27.04%), inflammatory dermatoses (7.23%), skin tumors (4.52%), and sexually transmitted infections and dermatoses associated with HIV/AIDS (4.26%). Conclusion: The spectrum of dermatoses in the city of Abidjan following the sociopolitical crisis was similar to that prevailing in most large African cities, as industrialization and better living conditions had reduced the prevalence of infectious dermatoses while increased immunoallergic pathologies. Key words: dermatoses; post-electoral crisis; Côte d’Ivoire

REVIEW OF INDONESIAN CONSTITUTIONAL COURT DECISION NUMBER 135/PHP.BUP-XIX/2021

The determination of the elected Regent and Deputy Regent by the General Election Commission (KPU) of Sabu Raijua Regency was formed without paying attention to the provisions of the Legislation and General Principles of Good Governance. The reason is that Orient Riwu Kore was only known to have dual citizenship after issuing the KPU Decree. The Constitutional Court later annulled the KPU decree. In contrast, Article 24C of the Constitution mandates that the MK's authority decide disputes regarding the general election results. On the other hand, the KPU stipulation decree is related to the general election process, not a dispute over the vote results. The dispute resolution process should be done through administrative efforts to the BAWASLU and the PTUN. Therefore, it becomes a question regarding the basis of the authority and reasons for the Constitutional Court to resolve disputes over the general election process. This research is in the form of normative juridical. The approach used in this research is the statutory approach and the case approach. This research is categorized in a prescriptive research typology. The data that has been collected will be analyzed qualitatively, and the results of this study are categorized in the form of prescriptive-analytical research. The result of this research show if the dispute of the KPU decree should be solved by administrative efforts in the form of adjudication to Bawaslu. Only then can the PTUN lawsuit be filed. However, suppose the dispute resolution process is carried out through the Administrative Court, it will take a long time. So that it can be understood that the acceptance of the applicant's application by the Constitutional Court is due to the absence of a more effective mechanism that can be carried out for the determination of the KPU decree other than through the Constitutional Court.
 Keywords: election disputes; constitutional court decision; decrees; general election commissions.

Appraisal of Alternative Electoral Dispute Resolution as a Panacea to Protracted Election Disputes in Nigeria.

Appraisal of Alternative Electoral Dispute Resolution as a Panacea to Protracted Election Disputes in Nigeria.

Kognisi Sosial Dalam Narasi Terstruktur, Sistematis, dan Masif (TSM) di Persidangan Pemilu Pilpres 2019 Melalui Uji Linguistik Forensik

This study analyzes social cognition on TSM (structured, systematic, and massive) narrative created by the lawyers of the presidential election pair (paslon) 2 during the 2019 presidential election dispute hearing at the Constitutional Court (MK). The representation of social cognition is in the form of knowledge which includes the principles of "substantive justice". The research method used refers to linguistic forensics based on Teun A. van Dijk's Critical Discourse Analysis (AWK) approach. The data were transcripts of court conversations made by the Constitutional Court (MK). This study found that the social cognition of the team of lawyers for the 2nd presidential candidate pair is a representation of the principle of substantive justice. This principle consists of four pieces of knowledge, namely the rationality of substantive courts, honesty and abuse of power by government officials, the objectivity of the constitutional court, the impartiality of the government and election organizers. This principle was used by the team of lawyers for the presidential election pair 2 to encourage MK judges not only to recount the votes but also to investigate TSM violations that were allegedly committed by the presidential election candidate pair 1.

Putusan Konstitusional Demokratis Terhadap Sengketa Pemilu Serentak 2024

The Constitutional Court is a judicial institution that has the authority to resolve disputes over general election results. If the election law is not revised, then in 2024 there will be simultaneous elections and simultaneous regional elections. This study is to find out how the challenges of the Constitutional Court are in producing democratic constitutional decisions on 2024 Simultaneous election disputes and to find out how the role of the Constitutional Court in producing democratic constitutional decisions on 2024 Simultaneous election disputes. This type of research is legal research, in the development of legal research methods normative legal research and legal research empirical legal research must be combined or used both because combining the two studies will provide comprehensive research results. The institution as a judicial institution that adjudicates PHPU will face several challenges: 1) The readiness of the Constitutional Court in providing optimal services, 2) The political pressure of the presidential election is so hot, 3) the time and quality of the decision is short. The Constitutional Court's decision must truly reflect a fair decision within the framework of implementing constitutional democracy. A fair decision can only be given by a statesman judge, not merely a judge who is an adherent of the principle of legality who goes too far and becomes the mouthpiece of the law (bouche de la loi), which should be the mouthpiece of substantive justice

THE VALIDITY OF BAWASLU'S LEGAL DECISIONS HANDLING ELECTION VIOLATIONS

This study will discuss the validity of the Bawaslu's decision on election violations. Because, according to preliminary findings, with the issuance of Law No. 7 of 2017 the position of Bawaslu is stronger. In this Law, Bawaslu in handling election disputes can not only provide recommendations to the KPU but also provide or make decisions that must be implemented by the parties. This means that Bawaslu currently has broader authority in handling election cases such as administrative violations and other violations. Then how is the validity of the legal decision from the Bawaslu? The method used in this research is in the category of normative legal research with a statute approach and a conceptual approach.