KEWENANGAN MAHKAMAH KONSTITUSI DALAM PENYELESAIAN SENGKETA PEMILIHAN KEPALA DAERAH

Abstract

This study aims to determine whether the Constitutional Court has the
authority to settle regional election disputes and to find out how the position of
Article 157 of Law No. 8 of 2015 is faced with the decision of the Constitutional
Court No. 97/PUU-XI/2013.
The research method used is the type and source of the data obtained
through legal materials as primary data and supported by secondary data from
books, laws and regulations and others. This study uses qualitative data analysis.
The results of the study indicate that the authority given to the
constitutional court can be said to be a transitional period until the formation of a
special election court. The discrepancy between Article 157 paragraph 3 of Law
Number 8 of 2015 with the Constitutional Court's decision No. 97/PUU-XI/2013
is not a problem because in the Constitutional Court's decision to fill a legal
vacuum in resolving election disputes, the Constitutional Court is given the
authority to resolve disputes over head elections. area.
Keywords: Constitutional Court, Election Dispute