THE EFFECTIVENES OF DISPUTE SETTLEMENT ON THE RESULT OF PRESIDENTIAL ELECTION 2014 IN THE CONSTITUTIONAL COURT: CASE STUDY IN INDONESIAN CONSTITUTIONAL COURT
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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.