Kedudukan Badan Pengawas Pemilihan Umum (Bawaslu) Dalam Sistem Peradilan Administrasi Pemilihan Umum

Abstract

This study aims to find out and understand the authority of the Election Supervisory Agency which can act as an adjudicator against the occurrence of electoral administrative violations and the authority to issue decisions on the Election Supervisory Agency in the administrative law system in Indonesia and to know and analyze the Laws and Regulations Election Law and Law on State Administrative Courts. This research is a normative legal research using a statutory approach (statue approach), conceptual approach (conceptual approach) and a case approach (case approach). Legal material analysis is carried out using analytical prescriptive methods. The results of the study show that the Election Supervisory Agency in its position in the election administration judiciary is given the authority as an institution that can give decisions on the occurrence of election administration violations. In this case the General Election Supervisory Board in giving decisions can be carried out through the Adjudication process. Second, the Adjudication decision of the General Election Supervisory Agency is considered to still have weaknesses in legal power in the administrative justice system because even though the decision has the authority to appeal but the appeal filed by the General Election Commission institution is submitted to the first level of the Court, the State Administrative Court. The appeal appeal filed by the General Election Commission normatively based on Law No. 48 of 2009 concerning Judicial Power is submitted to the State Administrative High Cour