TINJAUAN YURIDIS TERHADAP PUTUSAN MAHKAMAH KONSTITUSI TENTANG SISTEM PENYELESAIAN SENGKETA HASIL PEMILIHAN UMUM PADA PEMILIHAN KEPALA DAERAH

Abstract

The Republic of Indonesia organizes government constitutionally based on the provisions of the 1945 Constitution. The form of a Republican state with a presidential system of government, administration of state administration is carried out with a division of powers that adheres to the theory of trias politica put forward by Montesqiuew which divides state power into 3 (three) parts, namely, the Executive , Legislative and Judiciary. The presidential system that is carried out in the implementation of this constitutional administration is carried out with a democratic system. The implementation of democracy is a means of filling the executive, legislative and judicial institutions. In the Republic of Indonesia, the institutional determination filled with democracy is carried out by holding general elections and regional head elections. The General Election is intended to elect the President and Vice President, DPR, DPD, Provincial DPRD and Regency/City DPRD. For the election of Regional Heads it is intended to elect Governors, Regional Heads of Provinces and Regents and/Mayors, Heads of Regency and/City Regions. In the implementation of the Regional Head Election which was carried out based on the provisions of Law Number: 10 of 2016 concerning the Second Amendment to U.U Number: 1 of 2015 concerning Stipulation of Government Regulations in Lieu of U.U. Number: 1 of 2014 concerning the Election of Governors, Regents and Mayors to become law. The importance of an effective, efficient and just election result settlement system in the election of Governors, Regents and Mayors is a goal that must be realized. This is bearing in mind that the law enforcement system is one of the fundamental instruments of an administration of governors, regents and mayors in accordance with the principles of direct, public, free and secret, honest and fair elections as stipulated in Article 22E paragraph (1) of the Constitution of the Republic of Indonesia. Republic of Indonesia of 1945. Furthermore, in the event of an error, violation or an action and/or event deemed to have violated/injured the process and results of the implementation of the election stages for governors, regents and mayors, the outcome settlement mechanism is the last chance to correct the incident or situation. After the issuance of the Constitutional Court Decision Number: 55/PUU-XVII/2019 a new legal situation emerged which can be found in the provisions of Article 157 Paragraph (1), Article 157 Paragraph (2) and Article 157 Paragraph (3) U.U. Number 10 of 2016 concerning the Election of Governors, Regents and Mayors is contrary to the 1945 Constitution, so that the Constitutional Court gave a Decision on the Settlement of Disputes regarding the Results of the General Election for Regional Head elections.