THE CONSTITUTIONAL COURT’S PROGRESSIVE DECICIONS ON SOLVING THE REGIONAL HEAD ELECTION DISPUTE

Meyrinda R. Hilipito

Abstract


The Constitutional Court of the Republic of Indonesia has been putting all the efforts to uphold a substantive
justice in every decision since its establishment, eight years ago. However, in relation with the regional head
election disputed, the court has made progressive decisions. Therefore, it seems that the court has been trying to
extend its own authority. To analyze the problem, the research uses normative judicial research. Four court decisions
over the disputes of district elections that will be examined are the one of East Java Province, South Bengkulu,
Kotawaringin Barat, and Jayapura. Based on the analysis of this research, the court has made progressive
legal interpretations. It means that the court is promoting substantive justice rather than procedural one.

Keywords


Progressive, Constitutional Court Decision, regional head election dispute.

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DOI: http://dx.doi.org/10.14203/widyariset.15.1.2012.57–66

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