DINAMIKA KEWENANGAN PENYELESAIAN SENGKETA HASIL PEMILIHAN KEPALA DAERAH DI INDONESIA

Abstract

National development is a reflection of the will to improve the welfare and prosperity of the One of the characteristics of the Indonesian state is the implementation of democracy in the administration of the state. In this case, the people are given the opportunity to elect their leaders directly. In terms of choosing a leader, the people are given the opportunity to determine it directly, namely through the 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. This confirms that there have been dynamics in resolving regional head election disputes in Indonesia. In this research, we will discuss the dynamics that have occurred in Indonesia regarding the authority to resolve disputes over regional head election results. Broadly speaking, the discussion starts with a study of the emerging discourse on the establishment of a special judicial body to resolve regional election disputes. The final discussion will examine the authority to resolve Pilkada disputes by the Constitutional Court since when it was still a temporary authority until it became a permanent (permanent) authority after the Constitutional Court Decision Number 85/PUU-XX/2022