PENERAPAN KEADILAN SUBSTANTIF DALAM PUTUSAN MAHKAMAH KONSTITUSI TENTANG PERSELISIHAN HASIL PEMILIHAN UMUM KEPALA DAERAH
| Main Authors: | , Rahmat Muhajir Nugroho, SH, , Aminoto, SH, M.Si |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2012
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/97763/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=53916 |
Daftar Isi:
- The research purpose of the thesis to determine the implementation of substantive justice by the Constitutional Court in deciding upon disputes the results of elections of regional heads. Then to find out why the philosophical application of substantive justice by the Constitutional Court in deciding upon disputes the results of elections of regional heads. In addition, to determine the implications of the implementation of substantive justice by the Constitutional Court to dispute the case of regional head election results. Object of study is three Constitutional Court ruling concerning the dispute over election results in Jawa Timur, Bengkulu Selatan and Kotawaringin Barat. This type of research is a normative juridical research. The data was collected by book study and examine the inventory of legal materials and the data writing, either in the form of legislation, the Constitutional Court decision, literature and other written documents relating to the object of research. The author also conducted field studies in the Research Center of the Constitutional Court in order to add the necessary data. Having analyzed it can be concluded that the Constitutional Court has applied the paradigm of substantive justice in resolving the election dispute case. It is seen from the way the Constitutional Court adjudicate this dispute is not just limited to adjudicate the results of vote counting, but also check fraud and irregularities that occurred in the election process that violates the principles of the election. The three decisions that reflect the substantive justice, among others, ordered the Election Commission to conduct re-polling and vote counting repeated in Provinsi Jawa Timur, disqualify a candidate and ordered the reelection in Bengkulu Selatan and disqualify prospective candidates and assign directly elected according to the decision of the Constitutional Court in Kotawaringin Barat. The Constitutional Court does not want to sound stuck by statute, if the legislation were not able to realize a sense of justice in society, so that the Constitutional Court needs to make a breakthrough substantive law to achieve justice.