Dispute Resolution Option on the Result of the Simultaneous Regional Head Election Without the Enactment of Vote Difference Threshold

Abstract

Enactment of the vote difference threshold as a requirement to file a dispute over the result of a simultaneous election of regional head to the judiciary has had implications for the dispute resolution process which is not in accordance with general dispute resolution principles to the detriment of the candidate pairs. The threshold of the vote difference is not appropriate to be applied in the case of dispute over the results of the regional head election so that the enactment of the vote threshold should be removed and at the same time a new form of dispute resolution of the simultaneous election result of regional head shall be made. Some forms of dispute resolution on the regional head election result without the enactment of the vote difference threshold can be done through the formation of a special justice body of regional head election, establishment of special justice body in provincial level and or trial by other judicial institution first prior to submitted to the Constitutional Court.