CD Tesis

Kedudukan Putusan Bawaslu Dalam Peradilan Pemilu Di Indonesia

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In terms of handling election violations committed by regional head
candidates or others, follow-up will be carried out as stated in Bawaslu
Regulation No. 9 of 2020 concerning Procedures for Handling Administrative
Violations of the Election of Governors and Deputy Governors, Regents and
Deputy Regents, as well as Mayors and Deputy Mayors that Occur in a
Structured, Systematic and Massive manner, is a procedural law or procedural
law in order to enforce material laws that have been regulated in The Election
Law in particular Article 73. Therefore, as a positive law, it should not reduce the
meaning or norms that have been determined or regulated in material law.
However, the problem faced by Bawaslu is that in paragraph (1) Article 469 of
the Election Law there is a phrase that explains that Bawaslu's decision regarding
dispute resolution in the election process is final and binding. However, in the
next phrase the final and binding force is countered by the word "except" the
decision on electoral process disputes related to the verification of political
parties participating in the election, determination of the final list of candidates
for members of DPR, DPD, Provincial DPRD, and Regency/Municipal DPRD;
and, Determination of candidate pairs. In the initial phrase it was clear that the
power of Bawaslu's decision was final and binding, but in subsequent phrases it
seemed as if that power had been abolished. The word except in the article
provides ambiguity regarding the binding power of the Bawaslu decision. The
formulation of the problem is what is the position of the Bawaslu decision in the
electoral court in Indonesia, how is the legal force of the Bawaslu decision in the
electoral court in Indonesia. This type of research can be classified in the type of
normative legal research. The results of the study indicate that the Bawaslu
decisions are final and binding and are applied to disputes that occur between
election participants. Meanwhile, the Bawaslu decision which is not final and
binding is applied to disputes between election participants and the KPU. Against
the Bawaslu decision, legal action can be taken in the form of filing a lawsuit to
the State Administrative Court (PTUN) by Election Contestants. While the legal
force of the Bawaslu's decision, there are two aspects of the validity of the
decision, first, namely decisions that do not yet have permanent legal force, and
decisions that have permanent legal force. Decisions that do not yet have
permanent legal force are decisions that are still open for further legal remedies.
While the inkracht decision is a decision that can no longer be carried out by
ordinary legal remedies against it (appeal and cassation). Thus, a decision that is
final and binding is an inkracht final decision and no further legal action can be
taken.
Keywords: Rights Electoral Court; Bawaslu's decision; Legal force

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1910247185

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2022

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1910247185

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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