Penyelesaian Perselisihan Hasil Pemilihan Kepala Daerah: Analisis Kedudukan Hukum Pemantau Pemilihan Sebagai Pemohon

What is it about?

Local Elections (Pilkada), regulated in Article 18 paragraph (4) of the Constitution of the Republic of Indonesia, may be held with a single candidate. The authority to decide the election result dispute petition is assumed by the Constitutional Court (MK), in which one of the formal requirements of the petition is the legal standing of the Petitioner. This study aims to describe the relationship between the implementation of single-candidate elections and the quality of democracy in Indonesia andto analyze the strength of the legal standing of the Election Observer as a petitioner for disputes over election results. This research is normative juridical research with a statutory and conceptual approach to examining legal materials and then analysingthem qualitatively. The results of the study concluded that the increasing number of single-candidate elections indicates a decline in the quality of democracy. Then,based on MK Regulation Number 6 of 2020, the Election Observer has legal standing to become an Applicant in a single candidate election result dispute petition, while the MK Act does not regulate this. This causes the weak legal standing of the Election Observer as an Applicant in a dispute over the results of a single candidate election because the hierarchical position of the Law is higher than the Constitutional Court Regulation. Therefore, revising the MK Act to include Election Observers as applicants for disputes over Pilkada results is necessary.

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