ARCHIVES
VOL. 8, ISSUE 1 (2022)
Reconstruction of election process dispute settlement regulations in aceh province based on justice value
Authors
Said Syahrul Rahmad, Gunarto, Alpi Sahari
Abstract
The background of this research is to find the weaknesses of the current electoral process dispute resolution regulations in Aceh province and how is the reconstruction of the electoral process dispute resolution regulations based on justice values in Aceh province. This research is a normative-legal type of research that is used to examine the function of a norm that lays the law as an instrument that regulates and controls society. The approach used in this research is conceptual, a statute approach, a philosophical approach, and a comparative approach. The analysis used in this research is descriptive-qualitative. The results show that there are several regulations for the completion of the election process that is not based on the value of justice because in the content of the mediation agreement there is no obligation to include a clause on the obligations of the parties to implement the agreement. this makes the parties question the legal strength of the mediation agreement as one of the factors of failed mediation was because the parties considered that the results of the mediation had no legal force. By regulation, the obligation for the respondent to follow up on adjudication decisions is still weak because there are no firm and concrete clauses. Based on the analysis of the implementation of dispute resolution in the election process in Aceh, there is a need for reconstruction of law which is in Article 14 letter j, article 15 letter i, article 17 letter j, article 20 letter j, and article 462 of Law Number 7 of 2017 in conjunction with article 39 of the Bawaslu Regulations related to firm action, and the decision of the Bawaslu/Panwaslih. Then, in Article 468 paragraph (2) of the Election Law in conjunction with Article 6 paragraph (1) of the Bawaslu Regulation regarding the period of the dispute resolution process. And article 28 of the Bawaslu Regulation regarding mediation reaching an agreement as well as article 1 points 9 and 10 of the Supreme Court Regulation Number 5 of 2017.
Download
Pages:102-107
How to cite this article:
Said Syahrul Rahmad, Gunarto, Alpi Sahari "Reconstruction of election process dispute settlement regulations in aceh province based on justice value ". International Journal of Law, Vol 8, Issue 1, 2022, Pages 102-107
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.