Perspective on Settlement of General Election Disputes Through Mediation, Adjudication and Legal Efforts: Settlement of State Administrative Judicial Disputes

Abstract

General elections (Pemilu in Bahasa Indonesia) are an important instrument in every democratic country that adopts a system of representation. In general, there are 2 (two) dispute settlement paths, which are litigation (dispute settlement path through the judicial route) and non-litigation paths (peaceful settlement outside the court). The type of research used in this legal research is normative juridical type of research which is carried out by examining library material which is secondary data and also called library research. Dispute on election consist of disputes between election participants or between candidates, administrative disputes or State Administration of Elections, and disputes over election results. While crime in election is handled by the Election Supervisor, which is followed up by the General Election Commission (KPU), the regional KPU, and the regional KPU and KPU impose administrative sanctions. Whereas the violation of the code of ethics for the election organizers at the hearing was decided by the Election Organizer Honorary Board (DKPP). Furthermore, disputes between election participants or between candidates are settled by the Election Supervisor, Election administration disputes are settled by the Election Supervisory Body (Bawaslu) by mediation, adjudication and can be appealed to the State Administrative Court, while the election results are settled by the Constitutional Court.