The Authorities and Responsibilities of the Commission of Regional General Election in the Dispute of the General Election Result of Regional Head in Constitutional Court

Abstract

The General Election of Regional Head is the democracy party to elect Governor, Regent, and Mayor done directly by the people through the representative in legislative body. Governor, Regent, and Mayor have a function as regional government head of province, regency, and Municipality elected democratically, as organized in article 18 and verse (4) in The 1945 Constitutional of the Republic of Indonesia.

Then to implement the mandate of Undang-Undang Dasar 1945, the legislators (Parliament and President) establish a constitution 32 in the year 2004 about Regional Government that is revised based on constitution 22 in the year 1999 about Regional Government. In Article 56 verse (1) state “regional head and regional head vice are elected democratically based on being direct, general, free, secret, honest, and fair.

As an organizer is Regional General Election Commission legislated in Constitution 22 in the year 2007 about General Election Organizer, having been changed with Constitution 15 in the year 2011. In the process, the regional head election is originally in the regime of Regional Government. Since the birth of Constitution 22 in the year 2007 it is categorized as a part of General Election.

The form of responsibility of Regional General Election Commission as an organizer, when the stipulation of vote calculation recapitulation result of the General Election of Regional Head is not accepted by the candidates of regional head, the solution is in Constitutional Court. The objecting side (regional head candidate) serves as the Petitioner, whereas Regional General Election Commission serves as the Petitioned Side.

Keywords: the Regional General Election Commission, Responsible, For the Result of the General Election of the Regional Head