Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia

Research Article

Substantive Justice and Speedy Trial in the Regional Head Election Disputes in the Constitutional Court

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  • @INPROCEEDINGS{10.4108/eai.29-6-2021.2312643,
        author={Oly Viana Agustine},
        title={Substantive Justice and Speedy Trial in the Regional Head Election Disputes in the Constitutional Court},
        proceedings={Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICOLEG},
        year={2021},
        month={10},
        keywords={constitutional court regional head election dispute speedy trial substantive justice},
        doi={10.4108/eai.29-6-2021.2312643}
    }
    
  • Oly Viana Agustine
    Year: 2021
    Substantive Justice and Speedy Trial in the Regional Head Election Disputes in the Constitutional Court
    ICOLEG
    EAI
    DOI: 10.4108/eai.29-6-2021.2312643
Oly Viana Agustine1,*
  • 1: Center of Research and Case Studies, Indonesian Constitutional Court
*Contact email: olyviana@mkri.id

Abstract

The Constitutional Court as a transitional court until the establishment of a special election court that adjudicates regional head election disputes has been given restrictions in the procedural law in accordance with the provisions of the laws and regulations. One of the limitations is the provision of acceptance of dispute requests, namely 3 working days after the announcement of the decision by the Regional Election Commission. This provision is in line with the principle of speedy trial in resolving regional head election disputes. In this research, we will discuss about how substantive justice and the application of speedy trial Regional Head election dispute at the Constitutional Court. This research is needed in order to obtain a balance and proportionality between the two principles applied in the settlement of regional head election disputes at the Constitutional Court. The research method used is normative juridical with a case study approach to dispute over the results of the 2020 regional head election in the Constitutional Court. The results showed that there were 5 (five) constituencies that were violated by the provisions related to the grace period for receiving applications at the Constitutional Court, namely 3 (three) working days after the announcement of the Regional Election Commission.