Make an Honorary Board of Election Organizers (DKPP) as a Special Election Justice

Abstract

General elections (elections) in Indonesia have their own dynamics. Starting from the institutional organizers to the dispute resolution institutions of election results. This can not be separated from every moment of the election, both central and regional (pilkada), which always presents various kinds of claims because of the emergence of fraud and election violations both intentionally and because of mistakes. So far, the official electoral dispute resolution institutions concerning election crimes are in the general court under the Supreme Court. If it concerns the election results in the Constitutional Court, if it concerns the decision of the election organizers in the State Administrative Court. And if it concerns the ethics of the election organizers on the election executive board (DKPP). While the Bawaslu itself according to Law No.7 of 2017 concerning elections resolves disputes over electoral violations outside the criminal aspect. This has caused the ineffectiveness of the electoral court.This study aims to identify, understand and analyze legal certainty and justice in elections, especially DKPP as a special election court. So that the principle of justice in elections is obtained by the public. The research is a normative study using several approaches, namely legislation approach, case approach, and comparative approach. The results of this review revealed that efforts to realize special election justice became important. There is still debate between the choice of submitting a new institution or turning an existing institution into an election justice institution. Likewise, between making the ad hoc or permanent electoral institutions under the Supreme Court still in the study stage. Then it is necessary to redesign the institutions that have the authority to settle the election results and regional elections that must be carried out without creating a new institution but utilizing the existing EMB.

Keywords: Elections, Special Election Courts, DKPP.

DOI: 10.7176/JLPG/83-10

Publication date:March 31^st 2019