URGENSI PENYELESAIAN SENGKETA PILKADA OLEH MAHKAMAH KONSTITUSI

Abstract

The rise of the disputed local elections assessed due to poor direct voting system that always
end with anarchic conflict. Direct voting system is briefly diverted to be chosen by the House
of Representatives (DPR) through Law 22 of 2014 concerning Election of Governors,
Regents and Mayors but this law received widespread rejection by the people so that the
President issued Government Regulation in Lieu of Law No. 1 of 2014 which regulates the
same things that later passed into Law No. 1 of 2015. Article 157 paragraph (1) of Law No.
8 of 2015 on the Amendment of Act No. 1 of 2015 mandates the establishment of a special
tribunal to deal with the settlement of disputes nationwide simultaneous election to be held
in 2027. If the judiciary is not yet formed, the implementation of election dispute resolution
made by the Constitutional Court (MK). Based on the description above background, as
for the formulation of the problem to be studied is; What advantages and disadvantages of
the establishment of a special judicial body which handles dispute resolution election? And
what is the urgency of the election dispute resolution by the Constitutional Court? This type
of research is a kind of normative legal research descriptive analysis using the approach of
legislation, the legal concept analysis approach, historical approach, and the approach of
case law derived from the source material of primary, secondary and tertiary using a card
system as its legal material collection technique.
The conclusion of this study is the establishment of a special judicial body has advantages
and disadvantages. The drawback is; unconstitutional existence of the judicial authorities
for not guided by Article 24 paragraph (1) of the 1945 Constitution and Article 27 paragraph
(1) of Act 48 of 2009 on Judicial Power, the magnitude of the amount of the budget that will
be issued by the state to establish such institutions. The advantage is ease the burden on the
MK, more focused and rapid election dispute resolution process.