EFEKTIFITAS PENYELESAIAN PERSELISIHAN HASIL PEMILUKADA OLEH MAHKAMAH AGUNG DAN MAHKAMAH KONSTITUSI

leo putri s, armansyah Armansyah, mirza nasution

Abstract


Abstract

*Armansyah S.H., M.Hum.

**Yusrin Nazief S.H., M.Hum.

***Leo P.S.

Transfer of authority for dispute resolution of the original election results by the Supreme Court to the Constitutional Court is interesting to be studied in terms of constitutional and legal system in our country. General Election as the implementation of direct democracy in the region have made significant changes in the society aspired ordinance constitutional rights.

As for the formulation of the problem in this thesis is the background transfer of authority to decide disputes the results of the election which was originally located on the Supreme Court now moves to the Constitutional Court, as well as how the effectiveness of the results of the election dispute resolution in both the judiciary. The method used in this thesis is a normative study that is by analyzing the legal norms applicable research data derived from primary, secondary, and tertiary covering law, text books, papers, journals, the internet, and the dictionary .

Based on Law no. 32 of 2004 on local government authority to resolve disputes that are located on the MA election. In exercising the authority MA delegated authority to the High Court whose jurisdiction covers the districts / cities in question. It is also mentioned in article 29 of Law 32/2004 on Regional Government governing authority of the Supreme Court in connection with the dismissal of regional head and deputy regional head. In its development as contained in pertimbagan Constitutional Court decision stating that it turns in describing the intent "democratically elected" in Article 18 paragraph (4) of the 1945 Constitution, lawmakers have chosen the way of direct election of the Regional Head. Based on this, the Constitutional Court passed its verdict in the case of Act 32/2004 decided that the election is included in the electoral regime as referred to in Article Section 22E of the 1945 Constitution thus automatically election results of the dispute resolution process will also switch to the Court as an institution authorized to examine and decide the dispute election results.

Keywords : Democracy supreme

*Dosen Pembimbing 1

**Dosen Pembimbing 2

***Mahasiswa


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