PROCEDURES OF LOCAL ELECTION DISPUTES SETTLEMENT BEFORE AND AFTER THE ENACTMENT OF LAW NUMBER 8 OF 2015
Abstract
The research aims to compare the provided institution and the procedure of local election dispute settlement before and after the enactment of Law Number 8 of 2015. The research also would give insightful theory related to the procedure of local election dispute settlement before and after the enactment of Law Number 8 of 2015 and the research provide better understanding on differences between the procedure of local election dispute settlement before and after the enactment of Law Number 8 of 2015. The type of research is normative legal research which compare between one material with other material based on literature. The result of research shows that there are some amendment on procedure of local election dispute settlement started from Law Number 32 Year 2004, Law Number 12 Year 2008, Law Number 1 Year 2015, and Law Number 8 Year 2015. But that amendment is not too much different it is just related to duration of dispute settlement and the institutions that have authority to settle local election dispute. There is recommendation about the procedure of local election dispute settlement the legislator must immediately establish a special judicial court which has the authority to resolve the dispute over the results of direct local election, because the authority of the Constitutional Court to Settle a dispute over the result of local election is a temporary constitutional authority and it is essentially contrary to the substance of the Constitutional Court decision itself.