Kewenangan Badan Pengawas Pemilihan Umum dalam Memutuskan Pelanggaran Administratif Pemilihan Umum melalui Pemeriksaan Acara Cepat pada Pemilihan Umum Tahun 2019 (Analisis Putusan Badan Pengawas Pemilihan Umum Provinsi Sumatera Utara No. 002/LP/PL/ADM/PROV/02.00/V/2019)

Abstract

Elections are a means of people's sovereignty 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 Representative Council, which is carried out directly, publicly, freely, secretly, honestly and fairly in the Unitary State of the Republic of Indonesia based on Pancasila and the Constitution of the Republic of Indonesia of 1945. The Election Supervisory Agency is an election organizing agency that oversees the holding of elections in all regions of the Unitary State of the Republic of Indonesia. Law No. 7 of 2017 on General Elections has confirmed the existence and role of the election supervisory agency not only to conduct election supervision, but also act as an institution that is authorized in resolving disputes in the election process, both disputes between election participants and between participants and election organizers. This research is important to answer: 1) How the development of the authority of the Election Supervisory Agency in Indonesia in the settlement of election violations 2) How the mechanism of resolving administrative violations of elections by the Election Supervisory Agency using rapid event checks and 3) How the legal power of the decision of the Election Supervisory Agency of North Sumatra Province No. 002/LP/ PL/ADM/PROV/02.00/V/2019. The research method used in this thesis research is a type of normative juridical law research or also called normative legal research or doctrinal legal research. In terms of normative legal research, research on laws and regulations and various literatures including Law No. 7 of 2017 on Elections and Regulation of the Election Supervisory Board of the Republic of Indonesia Number 8 of 2018 concerning Administrative Settlement of Elections and books related to election law issues in general and administrative settlement of elections in particular. The result of the research is the Decision of the Election Supervisory Board of North Sumatra Province No. 002/LP/PL/ADM/PROV/02.00/V/2019 has permanent legal force because the decision is not carried out legal efforts by the Election Commission of North Sumatra Province and the West Nias Regency Election Commission so that the decision becomes final and binding, so that the verdict born by the Election Supervisory Agency has an executory nature.