Mechanism for Settlement of Election Result Disputes by the Constitutional Court in Maintaining Democracy and Electoral Justice

General elections (elections) are the main pillar of a democratic system that aims to realize the sovereignty of the people. However, the implementation of elections often gives rise to disputes, especially related to election results, which must be resolved legally to maintain legitimacy and political stability. The Constitutional Court (MK) in Indonesia has the constitutional authority to resolve election result disputes stipulated in the 1945 Constitution and related laws and regulations. The resolution of election result disputes at the MK is an important instrument to ensure that the election process runs honestly, fairly, and democratically. This study aims to legally analyze the role and authority of the Constitutional Court in resolving election disputes and explain the legal procedures applicable to resolving these disputes. The study uses a normative legal research method with a statute approach and a conceptual approach. The data sources used include primary data in the form of laws and regulations and secondary data in the form of books, scientific journals, and other relevant legal documents. Data analysis techniques are conducted through literature studies and analysis of regulations. By understanding the legal mechanism for resolving election result disputes, it is envisioned that this research can contribute to strengthening the role of the Constitutional Court in maintaining democracy and ensuring electoral justice in Indonesia.

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Publication Details

Journal
Greenation International Journal of Law and Social Sciences
Published
2025-06-18
DOI
https://doi.org/10.38035/gijlss.v3i2.428
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
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article

Mechanism for Settlement of Election Result Disputes by the Constitutional Court in Maintaining Democracy and Electoral Justice

Azis Budianto, Prahara Andri Kusuma
Greenation International Journal of Law and Social Sciences
Indonesian Legal and Regulatory Studies
article

Mechanism for Settlement of Election Result Disputes by the Constitutional Court in Maintaining Democracy and Electoral Justice

Azis Budianto, Prahara Andri Kusuma
article en

Abstract

General elections (elections) are the main pillar of a democratic system that aims to realize the sovereignty of the people. However, the implementation of elections often gives rise to disputes, especially related to election results, which must be resolved legally to maintain legitimacy and political stability. The Constitutional Court (MK) in Indonesia has the constitutional authority to resolve election result disputes stipulated in the 1945 Constitution and related laws and regulations. The resolution of election result disputes at the MK is an important instrument to ensure that the election process runs honestly, fairly, and democratically. This study aims to legally analyze the role and authority of the Constitutional Court in resolving election disputes and explain the legal procedures applicable to resolving these disputes. The study uses a normative legal research method with a statute approach and a conceptual approach. The data sources used include primary data in the form of laws and regulations and secondary data in the form of books, scientific journals, and other relevant legal documents. Data analysis techniques are conducted through literature studies and analysis of regulations. By understanding the legal mechanism for resolving election result disputes, it is envisioned that this research can contribute to strengthening the role of the Constitutional Court in maintaining democracy and ensuring electoral justice in Indonesia.

Greenation International Journal of Law and Social SciencesVol. 3(2)
Universitas Borobudur (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 83%
Indonesian Legal and Regulatory Studies
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Mechanism for Settlement of Election Result Disputes by the Constitutional Court in Maintaining Democracy and Electoral Justice — Azis Budianto, Prahara Andri Kusuma · Greenation International Journal of Law and Social Sciences (2025) | TGRS Research Map | TGRS