PENYELESAIAN SENGKETA PEMILU DALAM PEMILUKADA KABUPATEN MOJOKERTO PROVINSI JAWA TIMUR TAHUN 2015
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In Indonesia, political election has always been associated with disputes during its implementations. Upon the Mojokerto District local leaders’ election in 2015, there was dispute that took place during pre-election. This research is aimed at studying and evaluating whether the Mojokerto District Panwaslu (Panitia Pengawas Pemilu/Election Supervisory Committee) and Province Bawaslu (Badan Pengawas Pemilu/Election Supervisory Agency) as the supervisors have accomplished the dispute resolution process according to the perspective of electoral justice system. Well-established dispute resolution has to fulfill the criteria of: a) the existence of rights to acquire the electoral dispute resolution; b) the existence of standard components and clearly defined electoral procedures; c) the existence of knowledgeable case verdict agency that is impartial; d) the existence of judicial system that reinforces the resolution; e) the existence of clear systematizations towards the burden of proof as well as clear standard of evidence submission; f) the existence of effective and meaningful resolution system; g) the existence of effective stakeholders education. The researcher used a qualitative method with interview as the data gathering technique. Interview with the key-informant was administered through an in-depth interview. Documentation was also conducted in order to identify the ongoing issues, to identify the electoral resolution’s supporting and obstacle factors, to identify the implication of unaccomplished judicial system in the election, and to develop alternative concepts in resolving the electoral dispute. The result of the study reveals that the Mojokerto District Panwaslu and the Mojokerto Province Bawaslu have implemented the criteria of electoral dispute resolution within the perspective of electoral justice system in resolving the Mojokerto District local leaders’ election dispute. Nevertheless, there has been distinct decision between the Mojokerto District Panwaslu, PT TUN and Mahkamah Agung (Supreme Court). There has been also plot of lawsuit when KPU declared the verdict result as the follow-up from the Supreme Court. The plot of lawsuit proves that there should be shift of regulation regarding the local leaders’ election dispute resolution.