THE EFFECTIVENES OF DISPUTE SETTLEMENT ON THE RESULT OF PRESIDENTIAL ELECTION 2014 IN THE CONSTITUTIONAL COURT: CASE STUDY IN INDONESIAN CONSTITUTIONAL COURT
Abstract
This study aims to evaluate the effectiveness of dispute settlement on the of Presidential
Election in the Constitutional Court. The research is a normative and empirical legal
research. Normative legal research is conducted through library research. Empirical
research uses interview with Respondent such as the staff of the Constitutional Court and
also the lawyer who involved in the dispute of Presidential Election in 2014. The result
shows that the Constitutional Court can settle the Presidential Election dispute effectively
based on the law and regulation. However, in the term of substantive justice, the quality
of dispute settlement on the result of Presidential Election is probably still being
questioned. This is because the time that was given to settle the dispute on the
Presidential Election is very short and it did not give enough opportunity to the parties to
provide evidence. The research recommends that first, the time provided by the Law No.
42 of 2008 on Presidential Election and Constitutional Court Regulation No. 4 of 2014 on
the guidlines of hearing on the dispute of the results of presidential election needs to be
amended. Second, General Election Commission should be better in running his
functions, obligations, and in showing the profesionalism. Hence, the decision from the
Commission will be acceptable by the citizen including the presidential candidate.
Besides, the profesionalism will make presidential election run fairly and honestly.