Hukum Acara Perselisihan Hasil Pemilihan Umum - Dr. Fitra Arsil S.H., M.H

Summary

The transcript covers a detailed discussion on the authority and function of the Constitutional Court (Mahkamah Konstitusi) in Indonesia, specifically focusing on disputes related to election results. It delves into various types of election-related issues, such as criminal offenses, administrative violations, process disputes, and code of ethics violations. The video also explains the significance of the Constitutional Court in resolving disputes that determine the outcome of elections, particularly through judicial decisions that address complex cases of election results. Over time, the Court's rulings have evolved, influencing the regulatory framework and the public's approach to electoral disputes.

Takeaways

• 😀 The Constitutional Court of Indonesia has jurisdiction over election disputes, particularly related to the results of general elections as mandated by the 1945 Constitution and relevant laws.
• 😀 Election disputes can involve various types of legal challenges, including criminal acts, administrative violations, procedural disputes, and ethical violations, with each type addressed by different institutions such as Bawaslu, KPU, and DKPP.
• 😀 Election disputes related to the results of general elections are considered the most critical as they determine the winners of elections and can significantly affect political outcomes.
• 😀 Initially, the Constitutional Court's role was limited to determining the number of votes and calculating the election results. Over time, the Court has expanded its role to address violations during the election process itself.
• 😀 The Court’s decisions regarding election disputes depend on whether the alleged violations are significant enough to affect the outcome of the election, with cases like Pilkada showing examples of complex rulings on violations and recalculations.
• 😀 In election disputes, there are three possible types of rulings by the Constitutional Court: 'not accepted', 'granted', or 'denied'. The court either rejects, upholds, or changes the results, which could mean recalculating the votes or disqualifying candidates.
• 😀 The concept of 'structural, systematic, and massive' (TSM) violations became important in determining whether an election result could be overturned. This concept continues to evolve in the Constitutional Court’s rulings.
• 😀 Legal reforms, such as the introduction of 'thresholds' for filing election disputes (Article 158 of the Election Law), have significantly impacted who can challenge election results in the Constitutional Court. If a party does not meet the threshold, their case is dismissed.
• 😀 The Constitutional Court’s rulings on election disputes have shaped the legal landscape, with decisions evolving from focusing solely on vote counting to addressing procedural violations and systemic flaws in the electoral process.
• 😀 The dynamics of election dispute cases have shifted over time, with fluctuating levels of public interest and legal action, influencing how the Court interprets and applies election laws in various election cycles.

Q & A

What is the primary focus of this lecture regarding the Constitutional Court's role in election disputes?

The primary focus of the lecture is on the Constitutional Court's (Mahkamah Konstitusi) authority to resolve election result disputes, specifically those related to the general elections in Indonesia. The lecture also covers the various types of legal violations and disputes that can arise during elections.

What types of election-related violations are discussed in the lecture?

The lecture discusses several types of election-related violations, including criminal offenses (tindak pidana Pemilu), administrative violations (pelanggaran administratif), process disputes (sengketa proses), ethical violations (pelanggaran kode etik), and disputes over the election results (perselisihan hasil Pemilu).

How does the lecture define a criminal offense in the context of elections?

A criminal offense in the context of elections is defined as any violation of the criminal provisions outlined in the election laws, which include the legislative, presidential, and regional head elections laws.

What is meant by 'sengketa proses' or process disputes in the election process?

Sengketa proses refers to disputes that arise between election participants or between participants and the election organizers (like KPU), typically resulting from administrative decisions or actions that affect the election process.

What is the role of the Constitutional Court (Mahkamah Konstitusi) in resolving election result disputes?

The Constitutional Court's role in resolving election result disputes is to review and decide on challenges to the official election results, such as disputes regarding the total votes counted and the determination of winners in legislative, presidential, or regional elections.

What is the significance of the 'hasil pemilu' or election results in the context of the Constitutional Court's decision-making?

The election results, as determined by the election organizers (KPU), are crucial because they impact the allocation of seats in the legislature or the selection of elected officials. The Constitutional Court evaluates these results, including any discrepancies or disputes regarding the vote count.

What changes have occurred in the Constitutional Court's understanding of 'election results' over time?

The Constitutional Court's understanding of 'election results' has evolved, initially focusing on the vote count after elections but later expanding to include issues such as violations in the electoral process that may affect the results, even if those violations do not directly relate to the vote count.

What are the different types of decisions that the Constitutional Court can make in an election dispute case?

The Constitutional Court can make three types of decisions: 1) 'Tidak Dapat Diterima' (Not Acceptable), which means the case is dismissed, 2) 'Dikabulkan' (Granted), which means the petitioner’s claim is upheld and the election results are revised, and 3) 'Ditolak' (Rejected), which means the election results are upheld as valid.

How does the introduction of 'ambang batas' (threshold) in the 2015 and 2020 laws affect the election dispute process?

The 'ambang batas' (threshold) introduced in the 2015 and 2020 laws sets a minimum threshold for a participant to file a dispute in the Constitutional Court. If the participant does not meet the required threshold, their case is not accepted, effectively limiting the number of cases heard by the Court.

What impact has the development of the understanding of 'TSM' (Terstruktur, Sistematis, dan Masif) had on the Court's rulings?

The development of the 'TSM' (Terstruktur, Sistematis, dan Masif) concept, which refers to structured, systematic, and massive violations, has significantly impacted the Court's rulings. The Court now considers these types of violations when making decisions about whether to annul or revise election results, even if they are not directly related to the vote count.