ANALISIS YURIDIS PUTUSAN BAWASLU NOMOR 02/REG/L/TSM- PW/08.00/XII/2020 TENTANG DISKUALIFIKASI TERHADAP PEMENANG PEMILIHAN KEPALA DAERAH KOTA BANDAR LAMPUNG

Abstract

Indonesia is a constitutional state that adheres to democracy and a system of
government based on people's sovereignty. The most substantial understanding of democracy
is general election (election). Elections are a means to elect people's representatives who will
control the wheels of government. Elections are held by the General Election Commission
(KPU). KPU is domiciled at the center or in the regions. The KPU at the regional level is
tasked with holding elections at the regional level, one of which is the Regional Head Election
(Pilkada). So far, the Pilkada implementation has been inseparable from the obstacles and
challenges that have occurred. Starting from the implementation, as well as violations
committed by the candidates themselves. So that maximum supervision and monitoring is
needed by Bawaslu. One of the Pilkada problems that occurred in Bandar Lampung City,
Lampung Bawaslu stated that Candidate Pair serial number 03, Eva Dwiana-Deddy
Amarullah had been proven to have violated the Structured, Systematic, Massive
Administration (TSM) in the 2020 Bandar Lampung Pilkada, so that this pair was canceled
from participating in the Bandar Lampung Pilkada.
This research belongs to the normative juridical, namely research conducted by
examining secondary legal materials or research based on standard rules that have been
recorded and discusses legal principles and synchronization. The data sources used are
primary data, secondary data and tertiary data with library research data collection
techniques.
The research results obtained, should The Supreme Court as the first legal remedy in
making a decision must review the legality of letters or policies issued by KPU Bandar
Lampung and be considered by judges in canceling election results, because they can
endanger democracy and damage the morality of voters in Bandar Lampung City in the
future. Then for the Arrangement of Bawaslu Authority in receiving violations of TSM
reportsthere must be a systemreinforcement of the Bawaslu with the actions of the Bawaslu in
deciding a dispute the process is final. This is done in order to maximize the implementation
of authorityquasi-judicial, in the form of an adjudication function so that Bawaslu can decide
on election administration violations, decide on money politics violations, and election
process disputes without further appeals.
Keywords: Election, Bawaslu, Pilkada