KEWENANGAN MAHKAMAH KONSTITUSI DALAM MENGADILI SENGKETA PEMILIHAN KEPALA DAERAH DI KOTA TANGERANG SELATAN (Analisis Putusan Nomor:115/PHP.KOT-XIX/2021)

Abstract

The Constitutional Court is the institution authorized to adjudicate and settle the results of regional election disputes in accordance with Article 24C (paragraph) 1 of the 1945 Constitution. In the 2020 South Tangerang regional election dispute with lawsuit No. 115/PHP.KOT-XIX/2021 proposed by candidate pairs The mayor and deputy mayor with serial number 1, namely Muhammad - Rahayu Saraswati, the constitutional court in its decision rejected the lawsuit because it was considered to have no legal standing and the arguments submitted by the applicant were irrelevant to the results of the valid votes. The purpose of this paper is to determine the authority of the constitutional court in adjudicating electoral disputes to the regions in South Tangerang City based on Article 24C (paragraph) 1 of the 1945 Constitution. The research method used is normative juridical, where the object of the research is legislation and regulations. the decision of the Constitutional Court Number 115/PHP.KOT-XIX/2021. The data analysis technique carried out by the researcher is through a perspective using the normative juridical method with case recording, that is, general data, legal principles, doctrines, and statutory regulations are systematically arranged as a composition of legal facts in reviewing , analyzing the Constitutional Court Decision Number 115/PHP.KOT-XIX/2021. The results of the research obtained are the application and implications of the authority of the constitutional court in adjudicating election disputes in the city of South Tangerang in accordance with Article 24C (paragraph) 1 of the 1945 Constitution. The Constitutional Court has the authority to examine laws against the 1945 Constitution of the Republic of Indonesia; decide on disputes over the authority of state institutions whose authority is granted by the Constitution.Keywords: Authority, Constitutional Court, Regional Head Election Dispute

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