THE SETTLEMENT REGULATION OF THE ADMINISTRATIVE VIOLATION BY THE IMPLEMENTERS IN THE IMPLEMENTATION OF ELECTION FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES, REGIONAL REPRESENTATIVE COUNCIL, AND THE REGIONAL HOUSE OF REPRESENTATIVES (Studies on the Democra

Abstract

The settlement regulation of administrative violation by the implementers in the implementation of lagislative election (DPR, DPD, and DPRD) raised legal issues. One of them was due to the vacancy of legal norms (vacuum of norm) of legal remedies in the settlement of administrative violations of the implementers in the elections implementation. The absence of law regulation is necessary reconstruction of the law in order to provide an opportunity to the parties to be able to take legal remedies in the settlement of administrative violations committed by the implementers in the implementation of elections. This study is a normative legal, legislation approaches, concepts, and history. Legal materials include primary legal materials and secondary legal materials, while the analysis using prescriptive analisys. The results showed first, the maker of the election law had not yet realized the importance of the settlement regulation of administrative violations committed by the election implementers. Settlement of administrative violation and administrative sanctions that are reparation / reparatoir and correction lenggar actions are expected to protect and assure the rights of voters and legislative candidates / elections participants.  Secondly, there should be legal reconstruction of the settlement mechanism of administration violation of election in two ways, first, allowing the law to be able to take legal remedies to the voters and election participants, second, devolving the authority of settlement of administrative violations of election from KPU to Bawaslu. Decision of the administrative effort to Bawaslu could be filed a lawsuit in court of TUN and court of TUN decisions can be appealed to PTTUN which are final and binding. To support this alternative it is necessary to arrange a special law to adjust to the schedule of events, stages and Elections program. Second, establish a special ad hoc judicial for elections to deal with violations and dispute of elections implementation process. The formation of judicial is accompanied by law-making special event handling election violations which adopts the principles of a settlement of election violations that is fair and fast, accountable and integrated. The existence of a special court from the aspects of effectiveness and efficiency of handling violations case is important to oversee elections. Moreover, legislative and Presidential elections in 2019 carried out simultaneously.

Keywords: legal vacuum, legal remedies, administrative violation of legislative election, legal reconstruction.