Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia

Research Article

Juridical Analysis of Constitutional Court Rulings Regarding the 2019 Presidential General Election Dispute

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  • @INPROCEEDINGS{10.4108/eai.28-10-2023.2341699,
        author={Hendri  Khuan and Megawati  Barthos},
        title={Juridical Analysis of Constitutional Court Rulings Regarding the 2019 Presidential General Election Dispute},
        proceedings={Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2023},
        month={12},
        keywords={constitutional court dispute presidential election},
        doi={10.4108/eai.28-10-2023.2341699}
    }
    
  • Hendri Khuan
    Megawati Barthos
    Year: 2023
    Juridical Analysis of Constitutional Court Rulings Regarding the 2019 Presidential General Election Dispute
    MIC
    EAI
    DOI: 10.4108/eai.28-10-2023.2341699
Hendri Khuan1,*, Megawati Barthos1
  • 1: Universitas Borobudur
*Contact email: hendri_khuan@gmail.com

Abstract

This study seeks to find out and comprehend the decision of the Constitutional Court No. 01/PHPU-PRES/XVII/2019 2019 Presidential Election Dispute. This research includes a typology of normative legal research. Research data was collected by examining library materials with a focus. Investigation was completed utilizing a legal and case approach. In light of the outcomes, it was reasoned that: The applicant has the legal standing to submit a quo petition, and the application was submitted within the time limit determined by statutory regulations. The applicant submitted several applications, including allegations of fraud in the 2019 presidential election which included systematic, structured, and massive fraud, as well as cheating in quantitative terms and asking for the disqualification of related parties in the 2019 presidential election. Constitutional Court judges have other considerations, and rejecting all petitions submitted is one of the most basic considerations regarding systematic, structured, and massive fraud, which is not within the domain of the Constitutional Court Because it is regulated in the law, the decision is appropriate and ensures legal certainty. However, on the other hand, the Constitutional Court does not dare to make progressive decisions, it looks more like a calculator.