CONSTITUTIONALISM OF MINIMUM LIMIT OF VOTES DIFFERENCES IN THE SETTLEMENT OF DISPUTE ON THE RESULT OF SIMULTANT REGIONAL ELECTIONS
Journal Title: Academic Research International - Year 2018, Vol 9, Issue 2
Abstract
Disputes over the results of the election of regional heads are the most common case in the implementation of regional head election so that the number of cases petitioned to the judiciary institutions is not in balance with the capability and time limit held by the judiciary institution that is authorized to prosecute. The enactment of maximum limit of vote difference as a formal requirement to be able to apply for election disputes to the Constitutional Court has managed to minimize the number of cases that must be tried by the Court. On the other hand, the enactment of maximum limit of vote difference is considered a restriction which not based on the principle of legal protection guaranteed by the constitution. On the basis of this problem, then it isrequired to do research on several problems,that is related to what is the philosophical basis on the implementation of maximum limit of vote difference as a formal requirement to apply for Resolution on Dispute over Regional Election Result? why does the Constitutional Court's decision maintain the maximum limit of vote difference in petition for judicial review on Article 158 of the Regional Election Law? Is the Constitutional Court's decision in accordance with the principle of restriction in the constitutional perspective?
Authors and Affiliations
Ahmad Siboy, Sudarsono Sudarsono, Jazim Hamidi, Moh. Fadli
Keywords
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