The Establishment of Special Election Courts in Indonesia Based on the State Principles of Democratic Law

DOI

10.2991/assehr.k.220408.079How to use a DOI?

Keywords

Special Courts; General Election; Democracy

Abstract

The existence of different settlement institutions for disputes in some courts make law enforcement often run ineffective and inefficient. Disputes over the election process have become too convoluted because those involve many institutions such as Election Supervisory Agency (Bawaslu) in province, regency/city, as well as the Supreme Court (starting with the State Administrative Court). Not only is the process convoluted, dispute resolution in the election process also takes a very long time. In addition, problems in enforcing election law also occur due to the inaccuracy of granting authority to an institution and the inconsistencies in implementing the authority itself. Thus, it is essential to form a special election court in Indonesia. The method of this research is normative law (normative law research) by basing research on secondary data, namely data obtained through library research, which is in the legislation form, books, journals, law dictionaries and others. The results of the special election court institution will be classified into several rooms. There are at least 3 (three) court rooms required, First, the criminal room. This courtroom will try all election crimes that occur. Second, the room for state administration, includes procedures and mechanisms related to the administration of each stage of the elections. Third, the room for dispute results. This courtroom will handle disputes between the General Elections Commission (KPU) and the participants of the candidate regarding the determination of the vote acquisition results from the candidate election which can affect the candidate’s vote acquisition.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Abdullah Abdullah
PY  - 2022
DA  - 2022/04/27
TI  - The Establishment of Special Election Courts in Indonesia Based on the State Principles of Democratic Law
BT  - Proceedings of the 9th Asbam International Conference (Archeology, History, & Culture In The Nature of Malay) (ASBAM 2021)
PB  - Atlantis Press
SP  - 573
EP  - 579
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220408.079
DO  - 10.2991/assehr.k.220408.079
ID  - Abdullah2022
ER  -