Implementation of the Contante Justitie Principle of Justice in Local Leaders Election and General Election in Indonesia

Abstract

The Settlement of Disputes over local leaders election and general election disputes in Indonesia is currently conducted in several legal institutions . The settlement, among others, was approved by the election supervisory agency (Bawaslu) and the Civil service arbitration tribunal (PTUN). To resolve disputes over the results of the local leaders and the general election conducted by the Constitutional Court. When there is a violation on code of conduct by the election organizer is resolved by The Honorary Council of The General Election Organizer . The settlement of disputes over general election and local leader election leaves an inconsistence if related to Law number 48 of 2009 concerning Judicial Power, which leads to legal uncertaity. This paper uses the normative research method by using an agreement (statute approach) and using a case (case approach). This paper analyzes the implemantation of the Contante Justitie Principle to realize legal objectives for justice, certainty and expediency. From these considerations emerged a new statement needed in court to resolve disputes over local leaders election and general election, so that the objective of law that had been aspired to were obtained.