What Is Election Dispute: Here's The Discussion

Election disputes can take place at the district/city, provincial, and national levels. Reasons that stimulate disputes are also varied. Disputes in the election are divided into 2, namely process disputes and disputes over general election results (PHPU).

In Law (UU) No. 7 of 2017 concerning General Elections, it is stated that legal problems in the implementation of elections are divided into 4, namely:

In Article 466 of the Election Law, it is stated that the definition of process disputes is disputes that take place between election participants and disputes between election participants and election organizers as a result of the issuance of the General Election Commission (KPU) decision, Provincial KPU decision, and Regency/City KPU decision.

So in other words, election process disputes can occur between participants or between participants and election organizers. Meanwhile, Article 473 of the Election Law states, which means disputes over the results of the general election (PHPU), namely disputes between the KPU and Election Participants regarding the determination of votes for the election results nationally.

Disputes on the election results are related to disputes over the determination of votes from the election results for members of the House of Representatives (DPR), the Regional Representative Council (DPD), and the Regional House of Representatives (DPRD) nationally, which includes disputes over the determination of votes that could affect the seat acquisition of election participants.

Not only that, the dispute over the determination of votes from the Presidential and Vice Presidential elections nationally includes disputes over the determination of votes that could affect the determination of the election results of the President and Vice President is also included in the PHPU dispute.

On the other hand, what is meant by election violations, for example, is a problem of violating election administration, such as campaigns supported by the use of state-owned facilities or assets.

Another example of election violation is a political campaign that links minors as also a violation. The institution authorized to decide on the issue of election violations, namely the Election Supervisory Body (Bawaslu). They are tasked with examining, reviewing and deciding related violations.

Bawaslu's decision could be in the form of administrative sanctions for the cancellation of candidates for members of the DPR, DPD, provincial DPRD, district/city DPRD, as well as pairs of presidential and vice presidential candidates.

In the case of violating the code of ethics by election organizers such as the KPU and Bawaslu, the institution authorized to decide is the Honorary Council of Election Organizers (DKPP).

DKPP will hold a trial for the next DKPP decision. The DKPP decision is usually in the form of sanctions or rehabilitation agreed in the plenary meeting.

Meanwhile, the election crime is an example of implementing money politics or Money Politics. The violation of the next election crime is resolved in the general court in accordance with the criminal procedural law.

The Handling Of The Election Dispute Case Report Is Starting To Be Prepared By The Constitutional Court

Spokesman for the Constitutional Court (MK) Fajar Laksono said that the agency had made various preparations in order to handle the 2024 general election results dispute case report (PHPU).

"Special preparations will definitely exist because this is a big celebration for five years, so the Constitutional Court wants to ensure that the process of handling the PHPU case is successful and smooth," said Fajar, quoted by ANTARA, Wednesday, February 21.

Various preparations have been made by the Constitutional Court, including from the regulatory side, infrastructure, to human resources (HR) for security coordination.

"The MK is moderate and has prepared regulations, facilities and infrastructure, budgets, human resources (tasks) for security coordination, and will conduct a final simulation of case handling in the first week of March," he said.

For more details, you can read: 'MK Starts Preparing For Handling Case Reports Of Dispute In The 2024 Election'.

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