PROBLEMATIKA PENGATURAN “KERUGIAN LANGSUNG” DALAM PENYELESAIAN SENGKETA PEMILIHAN (STUDI KASUS PILKADA HALMAHERA UTARA 2020)

Abstract

The phrase "the rights of election participants are directly harmed" is a crucial phrase in the fulfillment of the applicant's legal standing in the dispute over the regional head election process. Reflecting on the contestation for the Election of Regent and Deputy Regent of North Halmahera Regency in 2020, this conceptual study concludes that the arrangement of the concept of direct loss overrides the fulfillment of justice and legal certainty in election. Reconstruction of the regulation regarding the concept of the applicant's direct loss in the application for dispute resolution should ideally be carried out by expanding the meaning of direct loss in material verification, or in the form of eliminating the phrase in question in Article 4 paragraph (1) Perbawaslu Dispute Process, and Technical Instructions for Settlement of Regional Head Election Process Dispute.