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Resolve Election Disputes Through Legal Mechanisms


General Elections (Pemilu) are an important milestone in a country’s democracy, but not infrequently they are also a source of tension and dispute. In facing this situation, it is important for a country to have a strong and effective legal mechanism to resolve election disputes.

Through a fair and transparent legal process, parties involved in election disputes can obtain resolutions that comply with applicable regulations, ensure the integrity of the democratic process is maintained, and prevent conflict escalation that has the potential to harm state stability.

The use of legal mechanisms in resolving election disputes not only shows commitment to democratic rules, but also strengthens public trust in the political process.

By providing guarantees that every complaint and dispute will be handled fairly and objectively by an independent legal institution, the country can strengthen its democratic foundations and minimize the uncertainty that often arises after elections. Therefore, the implementation of effective legal mechanisms is key in maintaining political stability and social welfare after the elections.

The Coordinating Minister for Political, Legal and Security Affairs, Hadi Tjahjanto, firmly called on all parties who felt they had experienced injustice in the elections to follow the procedures (mechanisms) that had been established.

The mechanisms in question are the General Election Supervisory Body (Bawaslu) and the Constitutional Court (MK). This step was taken to ensure that every election dispute is resolved through legitimate legal channels and does not trigger riots or tension in society.

According to Hadi, Bawaslu and the Constitutional Court have been provided by the government as a forum for handling election disputes. Following this mechanism is expected to prevent uncontrolled actions, including acts of anarchy and intimidation, which could occur if disputes are resolved in ways outside official legal channels.

This approach reflects the government’s commitment to ensuring that the democratization process runs smoothly and transparently, without any defects or manipulation that threaten the legitimacy of the election results.

Regarding this, Hadi also admitted that there were reports of election violations that had been submitted to the Indonesian Bawaslu. This indicates that the general election process does not always run smoothly and there is fraud or violations that require serious handling.

However, the process of handling disputes must be carried out with caution and fairness, without abandoning the basic principles of democracy and the supremacy of law.

Previously, the Chairman of Bawaslu RI, Rahmat Bagja, had revealed that his agency received a number of reports and findings of alleged violations during the 2024 Election stages. The accumulated data covered various types of violations, ranging from administrative violations to alleged election crimes. However, not all reports or findings can be immediately declared a violation. Each case will be researched in depth to ensure the truth before further action is taken.

MK Spokesperson, Fajar Laksono, said the MK had taken preparatory steps to deal with potential disputes over the results of the general election. Fajar also emphasized that his party is ready to accept submissions for election disputes after the official results are announced by the KPU on March 20.

The Constitutional Court emphasized its readiness to face the General Election Results Dispute (PHPU) and will immediately process every incoming application in accordance with applicable regulations.

The dispute resolution process at the Constitutional Court is clearly regulated, where after receiving the submission, the trial will be registered within three working days. Trials for Presidential Election (Pilpres) disputes will have a working period of 14 working days, while for Legislative Election (Pileg) disputes will have a longer period, namely 30 working days. Thus, the Constitutional Court has strict deadlines to ensure that every dispute is resolved quickly and precisely.

The election process itself has gone through a series of stages, starting from vote counting at the sub-district level to vote recapitulation at the national level. All of these processes were carried out carefully and openly, involving various parties including Bawaslu, KPU, and the Overseas Election Committee (PPLN).

However, it cannot be denied that in a process of this magnitude, the possibility of errors or violations always exists. Therefore, a transparent and accountable dispute resolution mechanism is very important to maintain the integrity and legitimacy of election results.

In this context, the role of society is also very important. Apart from being voters, the public also has a responsibility to ensure that the general election process runs smoothly and fairly.

The public must actively monitor and report any indications of violations or irregularities they encounter during the election process. In this way, society plays a role in maintaining democracy and the supremacy of law in the country.

In dealing with election disputes, it is important for all parties to continue to prioritize the spirit of peace and harmony. Actions that could trigger conflict or tension must be avoided, and resolution through legal channels is the wisest and fairest choice. Let us maintain the integrity 

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