Developing the Law Model for Resolving Disputes Over Presidential Election Result with a Progressive Law Approach

Abstract

The Constitutional Court in handling Presidential Election disputes is expected to make progressive breakthroughs law in order to guarantee the constitutionality of elections. It cannot be denied in some cases of disputes in the General Election of Regional Heads, the Court has left the conservative paradigm towards a progressive paradigm, not only referring to the quantitative model, but also referring to the qualitative model. This can be seen from the presentation of structured, systematic and massive concepts, which are commonly shortened as TSM. This study refers to the type of normative-prescriptive legal research. This research approach uses a statute approach, case approach and conceptual approach. The types of legal materials that I use are primary and secondary legal materials. The data analysis technique used in this study is a qualitative normative analysis method. In this study, used deductive reasoning method. This model is done in three stages, namely reducing data, presenting data and conclusions. In order to establish an election law system which in this study focused on the Presidential Election, it is necessary to reconstruct the dispute resolution of the Presidential Election results with a progressive legal approach. Referring to the progressive legal paradigm regarding the existence of structured, systematic and massive presidential election violations, the approach that must be taken is to ensure that there is a causal relationship between violations that are not merely administrative, but there are also fraudulent actions that make them more dominant.  The occurrence of Presidential Election violations, both the procedure, the process and the mechanism carried out by TSM at all stages of the Election, more pointed to the dominant position of one candidate (Paslon). The occurrence of this dominant position is the result of fraudulent actions. Regarding the authority of the Constitutional Court in deciding disputes over the results of the Presidential Election, the dominant position approach should be the basis for evaluating violations of TSM elections that have systemic impact on votes.