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DINAMIKA PEMBENTUKAN PERADILAN KHUSUS PEMILU SEBELUM DAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 85/PUU-XX/2022
The Constitutional Court has the authority to review laws against the 1945 Constitustion. The Constitution Court acts as a guardian of the constitution to ensure that the constitution is upheld properly, creating legal certainly, benefit and quality. This study aims to answer the question of how the dynamics of the formation of a special election judicial body before and after the enactment of Constitutional Court Decision Number 85/PUU-XX/2022 are viewed based on the theory of legal certainty and how the prespective of maṣlaḥah is related to the elimination of the special election judicial body in the ruling Constitutional Court Decision Number 85/PUU-XX/2022. This study utilizes library data also known as library research using normative legal research methods and a descriptive-analytical approach focusing on written regulations. The approach employed in this study is normative juridical and statutory focusing on analyzing legal aspects and regulations related to special election courts. Data collection was conducted through the collection and analysis of various written sources, such as law books, journals, articles and official documents related to special election courts. The research concludes that Constitutional Court Decision Number 85/PUU-XX/2022 has created legal certainty which was previously unclear regarding the establishment of a special election court which was never established after the enactment of Article 157 of the Regional Election Law. However if complexity and fragmentation of the Constitutional Court’s authority arise in the future the existence of a special election court becomes crucial. Based on the maṣlaḥah for resolving disputes over regional election results that are permanently delegated to the Constitutional Court it falls under the category of maṣlaḥah ḥājiyyah. If the delegation of authority burdens the Constitutional Court with its numerous workloads, ranging from testing laws, deciding on election disputes, dissolving political parties, resolving disputes between state institutions to issuing decisions on alleged criminal acts by the president or vice president then the establishment of a special election court falls under the category of maṣlaḥah ḍarūriyyah.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 23203012094 Indah Malini Hasibuan, S. H.
DINAMIKA PEMBENTUKAN PERADILAN KHUSUS PEMILU SEBELUM DAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 85/PUU-XX/2022 (Text)
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