democratic government, a country must be based on the implementation of elections or

elections that are fair, honest, free, and secret from the principles of good governance.

by the establishment or use of state mechanisms (Asshidqie, 2009). Of course, we often hear

the term government by the people and for the people as stated by Abraham Lincoln, so

democracy is interpreted.

government or power is in the hands of the people, so it indirectly makes the people the ruler,

and the government is banged on the people. With the sake of political space that allows people

to develop and participate in open politics. In addition, democracy also presents a place for the

people agr he can be an active person who participates in democratic affairs and processes so

that in a democratic country, the people do not just participate as a contributor to votes.

elections, the public can choose the candidate he wants without intervention from anyone such

how the majority of the people give their views on what the building and shape of an ideal state

(Asshidqie, 2009). And the people are given a special place where all forms of decisions exist

in the development of the state and various related regulations.

democratic procedure for choosing the desired leader, and elections are also one of the

mechanisms for the selection or change of heads of state/power holders in the safest way of

various other means. The implementation of democracy is realized by how to resolve a dispute

in an emerging election.

it. So many people consider that in the development of elections in Indonesia there are still

many obstacles and shortcomings that become a common task to be completed (Triono, 2017).

The election in Indonesia is still accompanied by various disputes that arise and violations

committed by many parties. This problem is a problem that is increasingly appearing and

increasingly strange.

of the Election Commission (KPU), the Election Supervisory Board (BAWASLU), and the

Honorary Board of Election Implementation (DKPP) as a unitary function of holding elections

to elect members of the House of Representatives, members of the Regional Representative

Council, the President and Vice President, and to elect members of the Regional People's

allegations of fraud in the election that the LPU did in previous elections.

organizational institutions, as well as the functions of Panwaslak are strengthened. In that era,

Panwaslak was renamed the election supervisory committee or Panwaslu. As an effort to

strengthen the Panwaslu contained in Law No.3 of 1999 which clearly regulates the institution

of panwasku, both in its organization, its members, and its duties and functions.

of 2007, Panwaslu then was fixed and his name was substituted to be the election supervisory

agency or Bawaslu, and its position was in line with the KPU and apart from the position of

institutions that were once in the subordinates of the KPU as in the New Order era as well as

in the general election in 2004, (Pradana, 2021)

elections in Indonesia, namely in terms of the mechanism of a lawsuit on poses to resolve

election disputes. And mekainsme was not previously known in previous elections. With Law

No. 7 of 2017, it is also a new breakthrough for strengthening the election supervisory body

bawaslu verdict is not only a finding but also has become a decision that must be done by many

parties (Pradana, 2021).

follow up various reports related to violations in the implementation of elections. Bawaslu also

has the authority to conduct checks, conduct a trial and give verdicts of violations, both election

administration and violations of money politics. In the case of election disputes, Bawasu is

authorized to investigate, examine and mediate and resolve disputes submitted by election

participants.

important to look at it from the lens side of the justice system in Indonesia in all scopes, where

are a way to realize the implementation of democracy itself. In many countries of the world,

elections or elections are used as a symbol of the democratic system of government, (Quarter,

2010).

in 1965, it produced a formula that holding free elections is one of the six basic conditions for

democracy under the rule of law, (SupiyoNo, 2019). Then, in short, a country that claims to

adhere to a democratic system must conduct elections.

of national living order, where the people not only contribute votes but can also participate in

the management of the course of the election. The people are then faced with an election to

choose who the representatives will then be elected to become public officials, whether in the

people's sovereignty, then in carrying out elections must be carried out in a general, clean,

honest, and fair for the realization of a government that is fair and can embrace all the interests

of the community.

choose their desired representatives, but elections are also of importance to political parties.

Elections will be used as a means to realize the sovereignty of the people, as well as become a

fair competition arena.

representatives or vice versa. Elections are also important for political parties. Elections as a

means of realizing the sovereignty of the people as well as the fairest competition arena for

political parties, the extent to which they have carried out functions and roles and

responsibilities for their performance to the people who elected them, (Supriyono, 2019)

Commission (KPU), with the Election Commission as an institution to hold elections regulated

in Article 22E of the 1946 Constitution, namely the General Election Commission is an

institution to hold elections that are national, permanent and independent, it indicates that the

KPU is an independent institution in holding independent elections.

independence of its supervisory agency which has the nature of otoNom, (Nugraha, 2015). The

existence of this supervisory agency aims to oversee the election so that all forms of fraud and

violations do not occur. In accordance with Indonesian Law No. 7 of 2017 on elections, the

supervisory agency is carried out by the Uum or Bawaslu Election Supervisory Agency which

out by law enforcement and everyone who has an interest based on the authority they have.

SoerjoNo Soekanto explained that law enforcement is an activity to create as a narrative related

to the relationship of values explained in the rules and attitudes of action as a series of

elaboration of final-stage values to create and maintain and maintain peace in association in

life, (Soekanto, 1983).

the functioning of various legal norms in real terms as a guideline in the behavior of legal

relations in the life of the community and state. If viewed from the point of view of the subject,

law enforcement can be done by a broad subject and can also be considered as an attempt to

enforce the law that will involve all objects.

is the effort to realize various ideas about justice in legal certainty and social expediency to be

realized in every legal relationship, (Mahmud, 2012)

it, (Raharjo, 1987) namely:

(Soekanto, 1983) namely:

This means that the law can achieve its goals and be effective in people's lives.

process to enforce the law.

smoothly without the means or facilities. This factor can be skilled human experts, good

law and strive to realize it well for the sake of mutual intuition. Culture basically surrounds the

values that are the basis for the applicable law. Value is an abstract concept of anything that is

considered good or bad.

data by understanding the law as a device or positive norm in the legal system that regulates

human life (Soekanto, 1985). So, this study is literature that conducts research on primary and

secondary data that has been collected. Primary data sources are legislation related to the issues

discussed or Law No. 7 of 2017 and secondary sources in the form of support to facilitate

to conduct supervision on the election organizing process that includes the election of the

President and his deputy, the DPR, DPD, dprd as well as regional heads and deputy heads of

regions. Bawaslu is similar to other institutions and positions in the government whose

members are given a term of 5 years and from the time of taking the oath or appointment in the

office.

institution is formed to strengthen the pillars of democracy and minimize the existence of

given a large authority, not only as a supervisor but currently also given the authority to be the

executor and judge in deciding a case. With great authority granted to him, Bawaslu must make

the best use of the additional authority to prove his role as not only the supervisor of elections

authority of Bawaslu. Then Bawaslu incarnated not only as an institution that gives

recommendations but also acts as an executor to break the dispute. It is as stated in article 461

paragraph 1 of Law No. 7 of 2017, that Bawaslu has the authority to accept, conduct

examinations, conduct studies, and trigger violations of election administration. But with time,

the dynamics that exist in the community and on the other hand, no regulation can

accommodate these dynamics.

competition, dark campaigns, negative campaigns that can cause election violations, triggering

the potential presence of diverse election violations. So bawaslu must be able to accommodate

receive and follow up on reports related to the alleged budget on the implementation of

elections. Bawaslu also has the authority to examine and review and break violations of the

election administration or political violations of money. And in disputes in the electoral

process, Bawaslu has the authority to accept, examine and mediate and adjudicate and decide

cases.

violations cannot be avoided and arises due to the existence of intentional elements or due to

the general election of the DPR, DPD, DPRD is a dispute that arises between the election

2017 can be done by proceedings in court. When bawaslu finds or gets a report about the

alleged election violations, then bawaslu will make recommendations for violations including

in the elements of electoral crimes, then the case will be submitted to the police and will be

handed over to the prosecutor's office and to the court.

is that Bawaslu's findings are no longer in the form of recommendations, but have become a

verdict. Bawaslu has the authority to resolve disputes over the election process resulting from

the decision of the KPU. Kewenangan to break administrative violations so that the findings

implemented by the parties.

follow up on reports related to alleged violations of the implementation of elections. Bawaslu

is also authorized to examine, review, and decide violations of both violations of election

administration and political violations of money. Then in the dispute over the election process,

Bawaslu is authorized to accept, examine, meditate or adjudicate, and break the settlement

submitted by election participants.

Regulation No. 18 of 2017 on Procedures for Dispute Resolution of the General Election

Process. Where the regulation explained the procedures and mechanisms for dispute resolution

at least 12 (twelve) days from the receipt of the election process dispute application. Mediation

is one of the dispute resolution processes in Bawaslu. Bawaslu made a summons against the

parties who had been registered and declared eligible formal and material of the dispute

application. If mediation does not reach an agreement, Bawaslu poured in the News of the

Mediation Event Not Reached agreement and continued the process of resolving election

disputes to the Adjudication stage.

which 1 (one) member of Bawaslu as the speaker of the assembly and 2 (two) others as

of the Constitutional Court to decide, based on the provisions of Article 24 C paragraph (1) of

the 1945 Constitution. Furthermore, the provisions of Law No. 24 of 2003 as amended by Law

No. 8 of 2011 on Amendments to Law No. 24 of 2003 concerning the Constitutional Court,

mandate that disputes about the results of electoral votes are resolved through the

Constitutional Court.

procedure for resolving disputes for the results of the 2014 election in the guidelines of the

Constitutional Court (PMK) No. 1 of 2014, as amended by PMK No. 3 of 2014 on Guidelines

for Speech in Disputes over the Results of General Election Members of the DPR, DPD, and