AL WASATH Jurnal Ilmu Hukum
Vol. 4 No. 1 (2023): Elections and Cyber Law

Penyelesaian Perselisihan Hasil Pemilihan Umum Serentak dalam Perspektif Keadilan

Nugraha, Sigit Nurhadi (Unknown)



Article Info

Publish Date
30 Apr 2023

Abstract

The Constitutional Court has the authority to resolve disputes over the results of general elections and local elections. Trial process of election and local election result disputes is based on formal aspects which aim to fulfill formal legal certainty, but sometimes formal legal certainty overrides aspects of justice, for example by not examining lawsuit if they do not meet the formal requirements (fail at the dismissal stage) so that attention is needed so that formal procedures are carried out in the Constitutional Court guarantees material / substantial justice. This paper uses a type of doctrinal normative research. The author concludes that justice can be achieved by fulfilling formal and material truths. So far, the Constitutional Court in resolving disputes over election results has prioritized formal truth by enforcing rules that are formal in nature, but formal truth does not necessarily reflect material truth. Even though the Constitutional Court upholds formal law, it is hoped that it will also uphold material law by not imposing a dismissal procedure , or even though there is, a dismissal procedure is applied after examining evidence.

Copyrights © 2023






Journal Info

Abbrev

alwasath

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

AL WASATH Jurnal Ilmu Hukum is an academic law journal published by the Faculty of Law, Universitas Nahdlatul Ulama Indonesia (UNUSIA). This Journal is opened for academics or professionals and focussed on various legal disciplines such as but not limited to constitutional law, labor law, private ...