ANALISIS PENYELESAIAN SENGKETA PEMILIHAN KEPALA DAERAH DALAM PUTUSAN MAHKAMAH KONTITUSI NOMOR 85/PUU-XX/2022 TERHADAP PEMBENTUKAN BADAN PERADILAN KHUSUS PEMILU DI INDONESIA

Abstract

The regulations regarding the authority to settle regional election results
given to the Constitutional Court have experienced several polemics. The problem
that arises is that the authority of the Constitutional Court (MK) to resolve
disputes over regional head election results is now permanent. This was
confirmed in Decision Number 85/PUU-XX/2022 in which the Court stated the
phrase "until the formation of a special judicial body" if a Special Judicial Body
can be formed, of course by studying the paradigm and system of direct regional
election dispute resolution that has been handled by the Constitutional Court. ,
then perhaps this would be the best solution to "reduce" the burden on the
Constitutional Court, whose ideals are focused on handling constitutional
problems which are the authority and obligation of the Constitutional Court
(Article 23 C paragraphs (1) and (2).
This type of research can be classified into the type of normative legal
research. This study used secondary data consisting of primary legal materials,
secondary legal materials, tertiary legal materials and data collection techniques
were carried out using the library study method.
From the results of research on the problem, there are two main things
that can be concluded. First, resolving disputes over election results (election of
governors, regents and mayors) has experienced significant changes in practice.
This expansion stems from the Constitutional Court's authority given by law in
handing down decisions, so that there is also an expansion of the applicant's legal
position, the object of the petition, case examination, evidence, as well as
decisions handed down by the Constitutional Court, the legal enforcement of
which has not yet been completed or has been completed but is ignored by the
organizers. Second, the ideal format for resolving the General Election of

Regional Heads Based on the Constitutional Court Decision Number 85/PUU-
XX/2022 is ideally carried out by the Special Judiciary Agency.

Keywords: Constitutional Court, General Election, Special Judicial Body