Limitation of Application for Cancellation of Election Results Regional Head in Justice Perspective

Abstract

The type of research used in this research is normative legal research. The ratio of legislative norms limiting applications for cancellation of regional head election results contained in Article 158 paragraph (1) and paragraph (2) of Law no.10 of 2016 is to ensure that the cases submitted are cases that have significance with the electability of pairs of candidates for regional head and deputy regional head and to avoid the large number of dispute requests submitted by pairs of candidates for regional head and deputy regional head who feel aggrieved to the Court Constitution. Second, Article 158 paragraph (1) and paragraph (2) of Law Number 10 of 2015 is an open legal policy that forms the law as an effort to encourage the development of an increasingly mature political ethics and culture. The existence of the threshold norm of the difference in votes in reality is not in line with the principle of protecting human rights as mandated in Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia, because it will hinder the rights of citizens to obtain legal protection and fair legal certainty.  Not all cases of dispute over the results of regional head elections that are submitted to the Constitutional Court meet the threshold for the difference in votes in Article 158 paragraph (1) and paragraph (2) of Law no. 10 of 2016. The breakthrough made by the Constitutional Court as an effort to realize substantive justice for justice seekers, but this condition creates legal uncertainty.