Administrative Dispute Settlement Local Leaders Election in Indonesia

DOI

10.2991/assehr.k.200306.188How to use a DOI?

Keywords

administrative disputes, regional head elections

Abstract

The legal norms for resolving administrative disputes over local leaders elections in Indonesia are stipulated in the legislation. The Provincial and District/City Election Supervisory Agency is in charge of resolving administrative disputes, and the decisions are binding. The research problems in this study are: 1) How is the rationale for the legal norms in the resolution of administrative disputes in the regional local leaders elections? and 2) Can a binding legal decision be canceled or corrected?. This research employed a normative juridical analysis. The results showed the rationalization of legal norms of administrative dispute resolution is appropriate from the philosophical, juridical, sociological and political aspects, that are based on the principles of Pancasila as the state law. Provincial and Regency / City Election Supervisory Agency has the attribute and absolute authority to receive, examine and decide election disputes. Its role and function is to conduct a complete assessment of the aspects of certainty and usefulness. Decisions are final and binding. They must be implemented and cannot be canceled except by law and based on authority. Therefore, it is hoped that this authority must be carried out credibly and competently. It should also be consistent with the principles of law and good governance, while reducing the remaining weaknesses.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Herdi Munte
AU  - Mirza Nasution
PY  - 2020
DA  - 2020/03/13
TI  - Administrative Dispute Settlement Local Leaders Election in Indonesia
BT  - Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)
PB  - Atlantis Press
SP  - 90
EP  - 94
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200306.188
DO  - 10.2991/assehr.k.200306.188
ID  - Munte2020
ER  -