Racio Decidendi Constitutional Court Ruling Resolving Disputes in Regional Head Election Results 2015 Concurrent in East Java Indonesia

Abstract

This research seeks to analyze and find racio decidendi Constitutional Court Decision Resolving Disputes in Regional Head Election Results Live, especially in East Java. There are three legal issues raised, namely: (1) racio decidendi Constitutional Court decisions; (2) The applicant juridical arguments and the Constitutional Court; and (3) Implications of Constitutional Court decisions. This research method using legal research methods to approach concepts, the normative approach and the approach of the case.The study found that racio decidendi Constitutional Court Decision Resolving Disputes in Regional Head Election Results Live in East Java, based on a cumulative requirement for the applicant to be able to apply for cases of disputes the determination of votes on election refers to Law No.8 / 2015 on the election of Governors, Regents and Mayors, which rests on four (4) terms, namely; (I) the deadline for filing the petition; (Ii) the applicant's legal standing; (Iii) related to the object of the petition, namely Determination of acquisition results of vote counting in the Election; and (iv) limit the percentage of the difference of votes that absolutely must be met by the applicant.However, in cumulative terms, which became an important point is the percentage limitation on the difference of votes that absolutely must be met for the applicant, which refers to the provisions of Article Article 158 paragraph (2) of Law No. 8/2015, because most of the decision of the Court is relying on the provisions of Article 158 paragraph (2) of Law No.8 / Year 2015, without considering other aspects, such as fraud during the Election Day. Thus, if the request for the applicant does not qualify as specified in Article 158 paragraph (2) of Law No. 8/2015 and Article 6 MPK 1/2015, the request was rejected by the Constitutional Court.Decision of the Court in deciding the case of disputes dispute Election results are final and binding. The implication is rejected the disputed results of local elections Directly in three (3) locations, and reinforces the Regional Commission Decision which sets Sound Acquisition and Results of Election of Regent and Vice Regent of 2015.

Keywords: Racio Decidendi, Decision MK, Dispute Election Results