Election Disputes Research Articles

The Theory of Fairness with Integrity in Indonesia’s Electoral Justice System

This paper describes the concept of a fairness theory of justice with integrity applied in elections in Indonesia, drawing on the transformation of John Rawls' fairness theory. This theory is employed to examine various components of the electoral legal framework, focusing on the technical implementation of elections and the resolution of electoral disputes to achieve electoral justice in Indonesia. The research utilizes normative legal methodology, characterized by dogmatic legal analysis and theoretical-rational reasoning, employing a logical-deductive approach. It constructs the facts of electoral justice through an extensive review of legal literature and relevant data sources concerning the electoral process in Indonesia. The study addresses electoral practices as instruments of popular sovereignty, highlighting dissatisfaction among stakeholders regarding the election process. The theoretical variables associated with fairness with integrity are critically analyzed for their applicability in fostering electoral justice in Indonesia, emphasizing that a fundamental aim of electoral law enforcement is to ensure the realization of electoral justice.

Resolution of Election Disputes for DPD Members Through Administrative Court Decisions Based on Law No. 7 of 2017 on General Elections (A Case Study of the DPD in West Sumatera Province)

This research aims to analyze the Jakarta Administrative Court Decision No. 600/G/SPPU/2023/PTUN.JKT related to the election dispute of DPD (Regional Representative Council) members in 2023, from the perspective of Law No. 7 of 2017 on General Elections and fiqh siyasah (Islamic political jurisprudence). The focus of the dispute is the alleged violations by the General Election Commission (KPU) in the process of establishing the permanent voter list and determining the election results. This study employs a normative approach with a case study to address how election disputes for DPD members are resolved through Administrative Court decisions. The analysis reveals that the Jakarta Administrative Court Decision has integrated principles of justice and transparency as outlined in fiqh siyasah, and complies with the legal provisions of Law No. 7 of 2017. However, the study also highlights some challenges in enforcing accountability and transparency by the election organizers. This decision has strategic implications for governance and strengthening democracy in Indonesia, particularly within the context of Islamic constitutional law.

Image Framing of Indonesia's Constitutional Court in Tempo.co News (18-27 October 2023)

The Constitutional Court of the Republic of Indonesia (MK) plays a crucial role in reviewing laws against the 1945 Constitution and resolving election disputes, ensuring adherence to constitutional principles. Tempo.co, a prominent media outlet, has extensively covered the MK, especially following the recent controversy over the Court's ruling on age limits for presidential and vice-presidential candidates. This research examines how Tempo.co frames its coverage of the MK using Robert N. Entman’s framing analysis model, alongside agenda-setting theory and media reality construction theory. Applying a qualitative methodology, the study analyzes Tempo.co’s news articles from October 18 to October 27, 2023. The analysis reveals that Tempo.co employs various framing techniques consistent with Entman's model, which influences public perception through agenda-setting by emphasizing specific aspects of the MK’s activities. Additionally, the coverage constructs a particular narrative about the MK's role and decisions. To ensure data validity, thorough checks were performed. Findings indicate that Tempo.co’s headlines generally maintain neutrality and do not exhibit overt political bias, focusing on the institution’s functions. This research offers insights into how media framing, through Entman's model, agenda-setting, and reality construction, shapes the portrayal of significant constitutional issues and affects public understanding of the MK.

Choices of Law for Democratic Regional Head Election Dispute Resolution Institutions in Indonesia

This research aimed to provide a conceptual idea regarding legal options in resolving disputes of democratic regional head elections in Indonesia with two proposed options. The first option included revising the Election and Regional Election Law to grant authority to the Constitutional Court (MK) and Election Supervisory Agency (Bawaslu) for adjudicating disputes. The second option proposed implementing the Fifth Amendment to the 1945 Constitution to reconstruct the Constitutional Court as an election court correlating with the primary role of upholding regulations. These proposed options would grant the Constitutional Court the authority to examine and adjudicate substantial matters related to the constitutionality of elections. Furthermore, the analysis used normative legal research including statutory, comparative, and conceptual methods.

Towards Achieving Substantive Justice: The Importance of Extending the Time Limit for Resolving Presidential Election Disputes

Presidential election dispute resolution (PHPU) is complicated because its scope covers the entire territory of Indonesia and its application to Indonesian citizens in various parts of the world. The PHPU dispute resolution process must also guarantee maximum protection of constitutional rights. This research uses normative research methods using secondary data sources. This aims to assess the urgency of extending the deadline for resolving presidential election disputes, which is currently 14 working days from the date of submission. Research sculpture approach and conceptual approach. These findings illustrate the need for changes to legislation to extend the time limit for resolving PHPU disputes beyond the existing 14-day limit. In practice, this time period does not provide maximum opportunity for the presentation of evidence. Historical analysis shows that from the 2004 presidential election to 2024, not a single PHPU demand has been granted, mainly because the demand cannot be proven. The author emphasizes that a time limit that is too early does not guarantee substantive justice, which includes not only fair and accurate decision-making, so rational considerations are needed that produce rational and logical decisions and a process that allows each party to present their arguments comprehensively and obtain fair treatment in the judicial process.

Juridical Analysis of the 2024 Election Dispute and Its Implications for Democratic Integrity

Juridical Analysis of the 2024 Election Dispute and Its Implications for Democratic Integrity

Putusan Mahkamah Konstitusi Nomor 85/PUU-XX/2022: Badan Peradilan Khusus Perkara Perselisihan Hasil Pemilihan Gubernur, Bupati dan Walikota

The purpose of this research is to determine and analyze the balance of Constitutional Court Judges in Decision Number 85/PUU-XX/2022 and the legal implications of Decision Number 85/PUU-XX/2022 on special courts for resolving disputes over election results. The research issues include: 1) What are the considerations of Constitutional Court Judges in Decision Number 85/PUU-XX/2022? 2) What are the legal implications of Decision Number 85/PUU-XX/2022 on special courts for resolving disputes over election results? The research method used in this thesis is normative juridical, meaning the research starts from legal issues by analyzing legal problems through legislation, literature, and other reference materials. This thesis employs several approaches, including legal approach, conceptual approach, and case approach. The results of the discussion in this study indicate that: 1) Legal considerations underlying the Constitutional Court Decision include the absence of a special court designated by the President/Government and the DPR to handle disputes over the results of regional head elections, fundamental changes to Article 157 in three amendments to the Regional Head Election Law; the history of the development of authority in resolving disputes over election results in the Constitutional Court; and the elimination of differences in the election regime for both general elections and regional head elections. 2) The implication of constitutional Court Decision number 85/PUU-XX/2022 are, firstly, it removes the role of special judicial bodies in handling disputes over regional elections results” Secondly, there is inconsistency in the Constitutional Court’s decisions, as it previously mandated that settling regional election disputes (PHPUD) is not within the authority of the Constitutional Court. Thirdly, there is a pilin gup of election-related cases in the Constituional Court.

PEMAKNAAN REZIM PEMILU PASCA PUTUSAN MK NOMOR 55/PUUXVII/2019

The legal basis for transferring regional head election dispute resolution is regulated in article 236C of Law no. 12 of 2008 concerning amendments to Law no. 32 of 2004 concerning Regional Government. This is based on the transfer of election status from the Regional Government regime to the Election Regime. The change in status from Pilkada to Election regime has implications for the transfer of authority in resolving disputes from the Supreme Court to the MK. As regulated in article 1 point 4 of Law no. 22 of 2007 concerning General Election Organizers which states that the Election of Regional Heads and Deputy Regional Heads is an election to elect regional heads and deputy regional heads directly in the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia. From this statement there is an important question regarding the alleged norm dispute between Law no. 22 of 2007 concerning Election Organizers with the 1945 Constitution, because article 22E paragraph (2) of the 1945 Constitution states that General Elections are held to elect members of the People's Representative Council, Regional Representative Council, President and Vice President, and Regional People's Representative Council. So from these two articles it can be seen that there is an indication of inconsistency in the law makers regarding election terminology as regulated in the 1945 Constitution. In the Constitutional Court decision no. 55/PUU-XVII/2019, the Constitutional Court presented a number of other examples of new simultaneous elections which include regional elections in the simultaneous flow. In the Constitutional Court decision no. 55/PUUXVII/2019 was not included in the election regime because it can be seen from the Constitutional Court Decision No. 48/PUU-XVII/2019 and Constitutional Court Decision No. 55/PUU-XVII/2019 where the Constitutional Court did not respond to the theory of regime segregation initiated by the Constitutional Court in Constitutional Court Decision No. 97/PUU-XI/2013. In Constitutional Court Decision No. 55/PUU-XVII/2019 does not want to be trapped in using the regime separation line of thinking again and instead provides a new idea, namely the simultaneity of elections, namely National Elections and Local Elections (which include Regional Elections).

Protecting the win, and securing the base: Kenya’s 2022 presidential election dispute and outcome

ABSTRACT In much of Africa, opposition presidential candidates face the benefits of incumbency and often accuse the government of rigging. But in Kenya’s 2022 presidential election, it was the government-favoured candidate, Raila Odinga, who lost and accused the electoral body of rigging. Then-incumbent President Uhuru Kenyatta had mobilised allies and senior government officials to support Odinga against his own deputy president, William Ruto, who won the election. Drawing on interviews, court proceedings and media coverage, we argue that Kenyatta and Odinga campaign compared poorly with Ruto’s robust mobilisation approach and use of class and religious narratives that resonated with voters. Also, the steadfast determination of the chairperson of the electoral body to withstand pressure of manipulation and to produce a transparent election by posting results on a publicly accessible portal created an atmosphere of openness that made it difficult to support rigging claims. This provided evidence to protect Ruto’s win. The claims of rigging served a purpose: they helped Odinga to secure his strongholds as a critical support base in subsequent power negotiations and likely as future voting blocs.

The Urgency of Establishing an Electoral Judicial Institution as an Effort to Strengthen the Electoral System in Indonesia

Periodically, every five years, general elections are held as a form of democracy in Indonesia. During elections, political issues are often followed by controversies, conflicts, and disputes in local power competitions. These issues include cheating, money politics, and vote manipulation. The purpose of this study is to encourage the establishment of a permanent electoral court in the constitutional system and in the form of a state institution to handle any existing election results disputes, whether for the presidential election, legislative election, or regional election. To achieve the electoral justice system's legal certainty and utility principles. The research method was used qualitatively with a case study research design. The results indicate that the establishment of an election court institution is essential, considering elections are held regularly and periodically as part of people's sovereignty representation and efforts to establish a fair electoral system. An election court institution is necessary for Indonesian elections, tasked with handling every election dispute, thereby allowing the Constitutional Court to focus solely on testing laws against the 1945 Constitution. This journal concludes that an electoral justice institution needs to be established permanently, with competent judges and resources to handle every election-related case to realize an electoral justice system.

Standards for resolving electoral disputes: concepts and their genesis

Elections are the cornerstone of any democratic society. They represent the voice of the people and the legitimacy of those in power. It should be noted that ensuring democratic stability and maintaining the integrity of the democratic process directly depends on the standards of electoral dispute resolution, and thus the attention paid to this institution is quite obvious and justified. We believe that from the very beginning of democracy, there were also mechanisms to protect and guarantee it. Therefore, in order to analyse the approaches to the concept of standards in electoral dispute resolution, it is necessary to study their understanding and application in the judicial process, in particular. We believe that from the very beginning of democracy, there were also mechanisms for its protection and guarantee of electoral rights. What is the essence of the concept of «standards for electoral dispute resolution» and is it really necessary? When answering the above questions, we should keep in mind the conflict potential of the electoral institution caused by the thirst for power. In turn, we note that it is the implementation of international standards in the resolution of electoral disputes that will guarantee the proper resolution of such disputes. However, in order to talk about the concept of international standards of electoral dispute resolution, it is necessary to understand the essence of this legal phenomenon. International standards for electoral dispute resolution should be understood as a set of norms adopted in international law and ratified into national legislation under the guise of democratic principles, legal or regulatory acts that promote proper regulation of social relations before, during and after the electoral process in order to ensure citizens’ free, real and fair active and passive suffrage.
 In order to ensure the normal functioning of the electoral system as a whole and to resolve such disputes, standards for their resolution should be developed, improved and unified, but this is already the next topic of our research.

Resolution of Disputes Over The Regional Head Elections Post The Constitutional Court Decision Number 85/PUUXX/2022 Regarding The Implementation of Simultaneous Regional Elections in Indonesia

Constitutional Court Decision Number 97/PUU-XI/2013 which in its consideration states that the Constitutional Court cannot add authority that is not contained in the 1945 Constitution, so that the Constitutional Court Decision Number 85/PUU-XX/2022 remains conditional Constitutional authority considering The Lawmakers also did not draft a special law as intended in the Constitutional Court Decision Number 97/PUU-XI/2013. The problems are (1) What are the implications of the Constitutional Court Decision No. 97/PUU-IX/2013 after the enactment of Law no. 10 of 2016 concerning the Election of Regional Heads on the Implementation of Regional Elections in Indonesia?; (2) What is the impact of resolving regional election disputes after the Constitutional Court Decision No. 85/PUU-XX/2022?; (3) What is the ideal institutional model for resolving setbacks in regional head election results? To answer this problem, a comprehensive study is needed, namely examining the 1945 Constitution, Law N0.10 of 2016, Constitutional Court Decision Number 7273/PUU-II/2004, Constitutional Court Decision Number 97/PUU-XI/ 2013, Constitutional Court Decision Number 85/PUU-XX/2022. Research Results: (1) The authority to examine and decide on the voting results of regional head elections is carried out as long as there is no special court, in order to provide legal certainty in resolving disputes over the results of simultaneous regional heads in 2024. (2) Look at the stages of regional head elections that have been advanced and have not yet been brought forward. (3) Model The ideal institution for resolving disputes over regional head election results must be a special ad hoc judicial body.

Training on election process dispute resolution between participants in Baubau City

Bawaslu has been granted the authority to resolve disputes that arise among participants through PerBawaslu Number 9 of 2022, which concerns Procedures for Resolving General Election Process Disputes. Panwascam will play a crucial role in resolving election process disputes, particularly those between election participants. The aim of this activity is to ensure the effectiveness of Panwascam in resolving disputes, maintaining election integrity, and building public trust in the democratic system in Baubau City. The method used in this service involves providing material through technical work meetings. The technical working meeting for implementing dispute resolution during the 2024 general election campaign process resulted in increased understanding for Panwascam in resolving election disputes, especially those between election participants. This includes enhancing the capacity of Panwascam members, ensuring their independence from political intervention, and facilitating a quick resolution of election disputes through collaborative efforts with relevant stakeholders such as community leaders.

PEMUNGUTAN SUARA ULANG DALAM PEMILIHAN BUPATI KABUPATEN INDRAGIRI HULU PROVINSI RIAU (STUDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 93/PHP.BUP-XIX/2021)

The Local Election in Indragiri Hulu Regency witnessed multiple infringements. Consequently, in line with Constitutional Court Decision No. 93/PHP.BUP-XIX/2021, a new election for regent and deputy regent is mandated. This study focuses on the grounds for requesting a recount in the election dispute for the Regent of Indragiri Hulu Regency and explores the legal implications of a re-vote as per Constitutional Decision No. 93/PHP.BUP-XIX/2021. Employing a normative legal research approach. Secondary data, gathered through a literature review, is qualitatively processed, and conclusions are drawn through deductive logic. Research findings reveal violations such as breaching PKPU provisions, manipulating the vote count recapitulation, failure to submit Model C notifications to the Election Supervisory Body, tampering with certain ballots, and the lack of neutrality by village heads violate Article 2 of Law No. 7 of 2017 concerning General Elections and Article 22E of the 1945 Constitution. This provides a substantial basis for implementing a recount in accordance with Constitutional Decision No. 93/PHP.BUP-XIX/2021.

The Risk of Narrow, Disputable Results in the U.S. Electoral College

Abstract Close elections are important for many reasons, including that consequent election disputes can weaken democratic legitimacy and risk political violence. We quantify the probability of close outcomes in US presidential races with novel applications of empirical election models from several sources. We show that razor-thin margins are very likely under the Electoral College (EC). And we establish that the EC causes this closeness: It would not occur under any plausibly comparable popular vote system. The tendency of the EC to generate close elections is found today and throughout US presidential voting history.

Analysis of Inhibiting Factors for Resolving Election Disputes Within the Authority of the Election Supervisory Board (Bawaslu)

The Election Supervisory Board (Bawaslu) has an important role in maintaining democracy in Indonesia, one of which is through resolving election disputes. This research aims to analyze the factors that hinder the resolution of election disputes within the authority of Bawaslu. The research method used is qualitative with a case study approach. Research data was obtained through in-depth interviews with key informants, namely Bawaslu members, academics and election law practitioners. The research results show that there are several factors that hinder the resolution of election disputes within Bawaslu's authority, namely: Time limitations: Election process disputes must be resolved quickly, so Bawaslu is often pressed for time; Limited human resources: Bawaslu lacks competent human resources in handling disputes, especially at the regional level; Budget limitations: Bawaslu's budget is often insufficient for dispute resolution needs, such as court and witness costs; Lack of coordination: Coordination between institutions regarding election dispute resolution still needs to be improved; Dispute complexity: Election disputes are often complex and involve many parties, so they require a lot of time and effort to resolve.

Optimizing Democracy: The Political Law of Digitization Policy for the Prevention of Election Disputes in Indonesia

General elections in Indonesia have undergone a significant transformation through the adoption of information technology and digitalization. This transformation not only accelerates the voting process, but also has a major impact on the legal regulations governing elections. In this context, the Political Law of Digitalization Policy plays an important role in shaping an effective regulatory framework, especially in dispute prevention. The application of technology in elections should not leave behind some people who are not familiar with digital devices. Therefore, regulations should detail measures to ensure that every citizen has a fair and equal opportunity to participate in the electoral process. Regulations should provide a clear framework for handling complaints, checking discrepancies, and ensuring that election results are acceptable to all parties. Through the adoption of information technology and digitization, it reinforces the political urgency of the policy law. This study aims to determine the contribution of the Election Digitalization Policy in reducing risks and handling potential disputes in general elections. The method used in this research is normative juridical. The results show that the Political Law of Digitalization Policy has a central role in shaping regulations that support modern, inclusive, and dispute-free elections in the digital era. Through this approach, it is expected that Indonesia can move towards more efficient and trustworthy elections. The implementation of election digitization has an impact on increasing transparency and public trust, efficiency and accuracy, accurate data recording, simplifying the electoral process, preventing fraud, and reducing the burden on the Constitutional Court.

Bawaslu's Authority to Resolve Disputes on Elected Candidates Internal to Political Parties in the 2024 Legislative Election

The open proportional system used in the 2024 Legislative Election with the determination of elected legislative candidates within political parties based on the majority of votes has resulted in disputes over elected candidates within political parties. This research aims to determine the provisions governing procedures for resolving disputes between internal political party candidates and institutions authorized to resolve disputes. The research method used is normative with descriptive analysis looking at Bawaslu's authority in resolving cases based on reports from fellow legislative candidate members within the party. The authority to determine elected candidates as legislative members is in the hands of the KPU/KPUD in stages. Thus, political parties cannot intervene in this authority in any form. The research results found that Bawaslu as the institution responsible for supervising the stages or process of elections as attributed to the Election Law, should be able to handle or resolve disputes between internal legislative candidates of political parties because it is explicitly stated in the academic text of Law no. 7 of 2017 that Bawaslu received and reviewed reports regarding alleged violations of Election Administration Provisions because disputes over elected candidates within political parties were included in the election dispute regime and not the political party dispute regime. The conclusion of this research is that this type of dispute can occur in the election process, especially in the process of determining elected legislative candidates by the KPU, provincial KPU, district/city KPU.

The Ideal Concept of Dispute Resolution of Regional Head Election Results in the Constitutional Court

Direct Regional Head Elections can be understood more closely to the meaning of democracy. Pilkada underwent a change in term to Pemilukada, when Pilkada was categorized as part of the election, because it was followed by the transfer of authority to adjudicate disputes over election results from the Supreme Court (MA) to the Constitutional Court (MK).The purpose of this study is to find the ideal concept of dispute resolution of regional head election results. Elections are general elections to elect regional heads and deputy regional heads. In its development, the problem of the implementation of elections often occurs disputes, especially the results of the implementation of the election itself. In the Regional Head General Election Dispute is very complicated, many factors influence it both in terms of legal material violations and formal violations. Based on the results of the research found, there is a Comparison of the Periodization of Judicial Disputes of Pemilukada. With the above problems, it shows that problems in law enforcement are related to solving problems that are fair and have legal certainty in resolving election disputes. The conclusion in this study is the ideal concept of dispute resolution of future election results related to the scope of authority, legal position of the parties, object of dispute, grace period, content of application, case examination, evidence and decision.

A Critical Review of Jurisprudence on the Adjudication of Presidential Election Petitions in Africa

A survey of jurisprudence on the adjudication of presidential election petitions in Africa yields different and sometimes confusing results on the legal approaches that are being applied by courts in different jurisdictions to determine the standard of proof which a petitioner must discharge and the nature of violations which a petitioner must prove in order for the court to vitiate an election. This is despite the fact that most of these countries share similar legal frameworks in the sense that their rules of evidence are similar while their constitutions require elections to be conducted in a way which adheres to the principles of universal suffrage, free suffrage, equal suffrage and secret suffrage. The emergence of divergent views and positions among courts which operate on the basis of a similar legal framework reflects a lack of coherence in the emerging African jurisprudence on the adjudication of presidential election petitions. What then is the appropriate standard of proof which the petitioner must discharge in a presidential election petition, and what kind of violations should a petitioner prove in order for the court to vitiate an election? In an attempt to contribute towards strengthening the role of the courts in resolving election disputes, this paper suggests that the approach to be taken by courts when adjudicating election petitions should very much depend on the case that has been presented by the petitioner. Where the petitioner is alleging irregularities and is claiming that those irregularities affected the results of the election, the question that must be examined by the court is the extent to which the results were affected. Where the petitioner’s challenge is directed at the integrity of the election process, the question to be examined by the court should be the extent to which the integrity of the process was violated.