TENGGANG WAKTU PENYELESAIAN SENGKETA PERSELISIHAN HASILPEMILIHAN UMUM PRESIDEN DAN WAKIL PRESIDEN DI MAHKAMAH KONSTITUSI

Abstract

Elections are held every five years in an open and fair manner in the Republic of Indonesia based on Pancasila and the 1945 Constitution, as mandated by the constitution Article 22E paragraph (1) of the 1945 Constitution. In resolving disputes over election results, both legislative, executive and regional head elections require a grace period for resolution. Based on the background description above, the interesting problem in this research is the time limit for resolving disputes over the results of the general election for President and Vice President at the Constitutional Court. This study uses normative juridical methods or doctrinal research. Furthermore, the time limit for resolving election disputes for each country varies according to the needs of each country’s constitutional system. The deadline for resolving disputes regarding the results of the general election for President and Vice President in Indonesia is resolved by the Constitutional Court no later than 14 (fourteen) working days from the time the application is recorded in e-BRPK as stated in the Constitutional Court decision Number 31/PUU-XXI/2023 and Article 475 paragraph (3) Law 7/2017. The limitation on the time limit for resolving the President and Vice President’s PHPU dispute is because the principle of resolving the President and Vice President’s PHPU is a speedy trial.