Legal Pluralism in Dispute Resolution on Election Justice

Herdi Munte, Yuliandri

Abstract

International Democracy and Electoral Assistance (IDEA) determines election justice to be one indicator of democratic elections. Democratic countries are required to have a legal framework that is in line with the country's system, especially instruments for electoral dispute resolution. The problem examined is how the legal framework for electoral dispute resolution and the concept of upholding electoral justice related to legal pluralism in Indonesia is evaluated by normative juridical methods. The results show that Indonesia has already arranged the election process dispute (EPD) resolution. Election Supervisory Board (ESB) is given the authority to complete EPDs whose decisions are final and binding. The adopted settlement principle is deliberation to reach consensus. This model is new and closely related to the pluralism of the Indonesian legal system. Consensus agreement is a living value system and codified in positive law (civil law). However, it is necessary to revise the law to establish formal procedural law that is in accordance with the principles of an effective and efficient election justice system. Furthermore, ESB's design and transformation into a special court of character, strong and credible is needed.

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Paper Citation


in Harvard Style

Munte H. and Yuliandri. (2020). Legal Pluralism in Dispute Resolution on Election Justice.In Proceedings of the International Conference on Culture Heritage, Education, Sustainable Tourism, and Innovation Technologies - Volume 1: CESIT, ISBN 978-989-758-501-2, pages 22-27. DOI: 10.5220/0010294100220027


in Bibtex Style

@conference{cesit20,
author={Herdi Munte and Yuliandri},
title={Legal Pluralism in Dispute Resolution on Election Justice},
booktitle={Proceedings of the International Conference on Culture Heritage, Education, Sustainable Tourism, and Innovation Technologies - Volume 1: CESIT,},
year={2020},
pages={22-27},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010294100220027},
isbn={978-989-758-501-2},
}


in EndNote Style

TY - CONF

JO - Proceedings of the International Conference on Culture Heritage, Education, Sustainable Tourism, and Innovation Technologies - Volume 1: CESIT,
TI - Legal Pluralism in Dispute Resolution on Election Justice
SN - 978-989-758-501-2
AU - Munte H.
AU - Yuliandri.
PY - 2020
SP - 22
EP - 27
DO - 10.5220/0010294100220027