INKONSISTENSI PUTUSAN MAHKAMAH KONSTITUSI TERKAIT KEWENANGAN MENGADILI SENGKETA PEMILIHAN KEPALA DAERAH (Studi Kasus Putusan Mahkamah Konstitusi Nomor 97/PUU-XI/2013 dan Putusan Mahkamah Konstitusi Nomor 85/PUU-XX/2022)

Abstract

This research aims to analyze the legal considerations of the Constitutional Court judges
in deciding a decision and see the inconsistency of the Constitutional Court in interpreting
Constitutional Court Decision Number 97/PUU-XI/2013 and Constitutional Court Decision
Number 85/PUU-XX/2022.
This type of research can be classified into normative juridical research. By using
secondary data which includes primary legal materials, secondary legal materials, and tertiary
legal materials and data collection techniques using literature studies. This research also uses
qualitative data analysis and draws conclusions deductively.
From the results of research on the problem, First, in the Constitutional Court Decision
Number 97/PUU-XI/2013, the Constitutional Court judges considered that regional elections are
not included in the electoral regime as regulated in the 1945 Constitution of the Republic of
Indonesia, then in the Constitutional Court Decision Number 85/PUU-XX/2022, the
Constitutional Court judges consider that there is no distinction between election and regional
election regimes. Second, the cause of the Constitutional Court's inconsistency in interpreting
decisions regarding the authority to adjudicate regional election disputes is the lack of clarity in
the 1945 Constitution regarding the regulation of elections and regional elections, differences in
the logic of thinking of Constitutional Court judges in deciding and adjudicating regional
election disputes, changes related to the composition of the members and chairman of the panel
of Constitutional Court judges in Constitutional Court Decision Number 97/PUU-XI/2013 and
Constitutional Court Decision Number 85/PUU-XX/2022, and changes to statutory regulations
related to resolving disputes over regional head results.
Keywords : Regional Head Election – Regional Head Election Dispute Resolution