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All Journal Siber International Journal of Advanced Law
Sukaca
Universitas Dirgantara Marsekal Suryadarma, Jakarta, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice

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Alternative Resolution Mechanism in Regional Election Disputes Sukaca
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 3 (2026): Siber International Journal of Advanced Law (January - March 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i3.342

Abstract

This study is motivated by the high intensity of disputes in the implementation of Regional Head Elections (Pilkada) in Indonesia, which frequently generate political conflicts and legal uncertainty. Regulatory changes, particularly through Law Number 10 of 2016, have significantly influenced the enforcement system and dispute resolution mechanisms in Pilkada. This research aims to analyze the model of informal dispute resolution in Pilkada and its role in strengthening the electoral justice system. The study employs a normative juridical method with a descriptive-analytical approach, examining primary, secondary, and tertiary legal materials related to Pilkada dispute resolution. The findings reveal that, in addition to formal judicial mechanisms, there are alternative or informal mechanisms such as unilateral withdrawal, amicable settlement, mediation, and arbitration that function as complementary instruments to the formal system. These mechanisms promote faster and more efficient resolutions while encouraging win–win solutions to prevent political escalation. It is concluded that informal dispute resolution plays a strategic role in reinforcing procedural and substantive justice and in supporting the realization of democratic and fair regional elections.
Constitutional Omission in the Testing of the Law: The Limits of the Constitutional Court’s Authority as a Negative Legislator Sukaca
Siber International Journal of Advanced Law (SIJAL) Vol. 4 No. 2 (2026): Siber International Journal of Advanced Law (October - December 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v4i2.445

Abstract

This research is motivated by the issue of constitutional omission in the testing of laws that have a different character from the testing of ordinary norms because the problem arises from the absence or incompleteness of regulation, thus giving rise to a gap in the form of uncertainty in the limits of the authority of the Constitutional Court (MK) between what is regulated and what should be regulated. This research aims to examine constitutional omission as well as formulate the limits of the authority of the Constitutional Court as a negative legislator. The research method used is normative juridical with a legislative, conceptual, and case approach to the Constitutional Court Decision Number 10/PUU-VI/2008, 100/PUU-XIII/2015, 183/PUU-XXII/2024, 158/PUU-XXIV/2026, as well as Main Decision Number 261/PUU-XXIII/2025. The results of the study show two tendencies of the Constitutional Court's practice, namely the recognition of the absence of material as a constitutional issue and judicial restraint on the issue of implementation or the choice of law-making policies. The novelty of this research lies in the formulation of explicit parameters to distinguish constitutional omissions that are worthy of examination from mere legal voids which are issues of implementation or legal policy.
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