Analisis Yuridis Putusan Hakim Mahkamah Konstitusi Dalam Perkara PHPU 2024

Abstrak

Every election, there is always the potential for disputes or disputes related to the voting results. This can be caused by various factors, ranging from allegations of fraud, procedural violations, to differences in interpretation of the laws and regulations that govern the election process. Disputes over the results of these general elections (PHPU) are often in the public spotlight because they can affect the legitimacy of the upcoming government and overall political stability. In Indonesia, PHPU dispute resolution is carried out through the Constitutional Court (MK). As the highest judicial institution in constitutional matters, the Constitutional Court has the authority to examine, adjudicate, and decide disputes over the results of general elections. This function makes the Constitutional Court a key actor in maintaining the integrity and fairness of the election process. In writing this thesis, we will use the normative legal research method, which is research that has an object of study about legal rules or rules as a system building related to a legal event. The method of data collection in this literature research is by documentation study, which is a study by studying data in the form of books, journals, research results, laws and regulations, and all materials related to research. In this study, it can be concluded that in resolving the 2024 General Election Results Dispute (PHPU), each Constitutional Court judge has the same legal considerations or can be different from other Constitutional Judges to decide the case. In addition to the consideration of the Constitutional judge that should be carried out, it also has the principle of freedom in terms of deciding cases. The existence of a dissenting opinion on the decision of the Constitutional Court Judge in the PHPU 2024 case indicates that the principle of independence of a Constitutional Judge in deciding a case has been implemented.