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LEGALITY: JURNAL ILMIAH HUKUM
Journal homepage: http://www.ejournal.umm.ac.id/index.php/legality

Model For Resolving Election Violations Through
Indonesian Election Body and Constitutional Court
M Syahrul Borman1*, Siti Marwiyah2, Vieta Imelda Cornelis3, Irwan Lazuardi4,
Phimlikid Kaewhanam4
1,2,3,4 Faculty of Law, Universitas Dr. Soetomo, Surabaya, East Java, 60118, Indonesia
5 Department of Public Administration, Faculty of Liberal Arts, Kalasin University, Thailand
* Corresponding author: m.syahrul.bormansh@unitomo.ac.id

Article

Abstract

Keywords:
Constitutional Court;
Disputes; Elections; Model
Settlement; Election
Supervisory Bodies

This study formulates a model for resolving disputes over election violations through
the Election Supervisory Body and the Constitutional Court in Indonesia. This
research analyses juridical and normative theories, policies, and legal decisions, as
well as studies of cases of election violations in 2014 and 2019. This research
method uses qualitative research with a grounded theory approach and a normative
juridical approach. The data sources comprise primary and secondary legal
materials. The results of this study show that 1) Problems with violations of the
electoral process and disputes over election results have not been resolved properly.
2) The model of resolving violations of the electoral process and disputes over election
results is with a settlement model approach through the Application of the Critical
Attitude Model of Public Militancy and Law Enforcement Militancy by the
Election Supervisory Body and the Constitutional Court.

Article History
Received: Mar 29, 2024;
Reviewed: Apr 20., 2024;
Accepted: Jul 26, 2024;
Published: Jul 27, 2024.

Copyright ©2024 by Author(s); This work is licensed under a Creative
Commons Attribution-ShareAlike 4.0 International License. All writings
published in this journal are personal views of the authors and do not represent
the views of this journal and the author's affiliated institutions.

INTRODUCTION
Elections have significant value in the development of a healthy and dynamic
democracy (Wijaya & Nasran, 2021). The 2019 Indonesia's general elections have various
polemics, crimes, or violations, various types of irregularities or deviations that
hypothesize disputes, fulfilling the elements of violations of election juridical norms
such as fraudulent practices, forgery, intimidation, vote inflation, and other types of
violations (Ahmad, 2021; Armia, 2015). Indonesia is a democratic country prone to
significant fluctuations in the organisation and implementation of general elections
(Indra et al., 2023; Saputra et al., 2024). These elections are crucial for realising people's

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sovereignty and filling political positions in government (Risky et al, 2023). In a
pluralistic society like Indonesia, identity politics is deeply tied to general election
contestation, often becoming a boomerang for democracy implementation (Suparto et
al., 2023).
General elections can function as a 'two-way street,' involving bottom-up and
top-down functions. From a bottom-up perspective, elections are seen as a means for
politicians to be called to responsibility and pressured to deliver policies that reflect
public opinion (Warjiyati et al., 2022). On the other hand, the bottom-up function in
elections involves recruiting politicians, with political parties being the primary means
of nominating candidates. In a democratic country, elections are the primary source
for recruiting politicians and ensuring the implementation of democracy (Aprilindo et
al., 2019).General elections are held in Indonesia and other countries to fill positions at
both central and regional levels. These elections, known as general elections for
regional heads, result from the decentralisation system (Suparto et al., 2023). The 1945
Constitution of the Republic of Indonesia regulates the election of regional heads, with
Governors, Regents, and Mayors elected democratically (Siboy et al., 2024). Regional
elections are a way to implement people's sovereignty by directly and democratically
electing regional heads every five years (Aprilindo et al., 2019; Warjiyati et al., 2022).
Elections are a means of implementing people's sovereignty, which is held directly,
publicly, freely, secretly, honestly, and reasonably to produce a democratic state
government based on Pancasila and the 1945 Constitution (Djuyandi & Hidayat, 2019;
Kelliher, Isra, Daulay, et al., 2019) . Under Article 2, paragraph (1) of the 1945
Constitution states that "Sovereignty is in the hands of the people and is exercised according to the
Constitution". The meaning of sovereignty in the hands of the People is that the people
have the sovereignty, responsibility, rights, and obligations to democratically choose
leaders who will form a government to take care of and serve all levels of society and
supervise the course of government (Chakim, 2019; Mahyudin et al., 2020). Elections have
significant value in developing a healthy and dynamic democracy (Aolain, 2018). A
healthy democracy must be understood as a process toward a more intelligent,
independent, and dignified society In Indonesia (Hamzani, Taufik, Asmarudin, et al.,
2021). An election is highly expected to be part of the stages of democratic life and the
form of the construction of the state of law, where its implementation should not cause
disputes (Djuyandi & Hidayat, 2019; Raden, 2021). However, the fact is that there are still
many violations and cases of election disputes in every organizer.

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Figure 1. Data on election violations in 2014 and 2019 in Indonesia
Sources. (Adams & Asante, 2020)

Figure 1 shows that cases of violations that occurred in Indonesia during the
general elections in 2014 and 2019 increased significantly. Cases of administrative
misconduct in the 2014 general elections amounted to 7720 cases and increased to
16134 cases in the 2019 elections (Harijanti & Lindsey, 2018). Meanwhile, cases of
criminal offences in the 2014 elections amounted to 582 cases, while in 2019, it
increased to 660 cases (Adams & Asante, 2020). This increasing number of cases of
election violations shows the lack of voter quality has an impact on the quality of
Indonesia's democracy

Figure 2. Voter Quality Value and Indonesian Democracy Index for 2014-2020
Source. (Harijanti & Lindsey, 2018; Setyono et al., 2021)

Figure 2 shows the value of voter quality and the Indonesian democracy index,
which is volatile yearly. At the general election stage in 2014, it showed that the value
of Indonesia's democracy index was relatively high at 6.95 compared to 2019 at only
6.48 (Setyono et al., 2021). Meanwhile, the quality value of permanent voters in 2014
was 74.07 higher than in 2019 at 73.67 (Harijanti & Lindsey, 2018), showing that the high
value of voter quality affects the value of the democracy index in Indonesia.
Nevertheless, Indonesia's democracy index is still relatively weak compared to other

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countries. Indonesia's democracy index ranks 52nd in the world with a value of 6.71,
which is relatively weak. Various factors affect the low index of Indonesian democracy,
one of which is the quality of voters (Borzyskowski & Saunders, 2022).
Electoral problems in Indonesia, particularly in 2014 and 2019, highlight
various aspects that demand particular attention in managing and resolving electoral
disputes. The following is a comprehensive explanation of the electoral problems of
the two periods and the urgency of the dispute resolution model by The General
Election Supervisory Agency (Badan Pengawas Pemilu/BAWASLU) and the
Constitutional Court (Mahkamah Konstitusi/MK).
Table 1. Electoral Problem in 2014 and 2019
Election violations in 2014
Permanent Voter List
Vote Rigging and Manipulation
Election of logistics
Non-neutrality of Election Organisers
Source. (Hafidz et al., 2021)

Election violations in 2019
Technology and Vote Counting
Polarisation of Politics
Health and Safety of Election Officials
Disputes and Claims of Fraud

The erroneous Permanent Voters List caused controversy during the 2014
elections, as many voters either needed to be registered or enrolled more than once.
Second, there were several reports of fraud, including money politics, intimidation, and
vote count manipulation (Wibisono & Imawan, 2022). Third, there were delays in
logistics delivery, such as ballot papers and vote boxes, which disrupted the voting
process. The final one is about the non-neutrality of election organisers. There have
been reports of election organisers siding with one candidate or party (Appleby & Lynch,
2021; Reekie & Reekie, 2021).
The 2019 Elections, Technology, and Vote Counting are the use of technology
information systems in elections, which introduces new challenges, including the
possibility of hacking and data manipulation (Febrian, 2021; Hafidz et al., 2021). Second,
the 2019 General Election was characterised by sharp political polarisation, which
increased the likelihood of social and political confrontation. Third, the Health and
Safety of Election workers: Many election workers perished as a result of excessive
workloads and poor working conditions. Following the election, numerous parties
filed challenges and charges of fraud, necessitating a lengthy and complex legal process
(Gerards, 2023).
Several parties, including the MK and BAWASLU, have expressed concern
about the urgency of the Election Dispute Resolution Model due to a few current
issues (Tröger, 2019). The BAWASLU is tasked with preventing and prosecuting
election violations. This includes handling administrative violations, educating voters
and election participants with the primary goal of preventing breaches, and providing

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preventive supervision, which involves monitoring the election process from start to
finish (Appleby & Lynch, 2021; Syawawi, 2020).
The Constitutional Court can settle disputes about election results. It is crucial
for three reasons:
1. Settling election-related disputes fairly and transparently.
2. Legitimising the electoral process by making sure that the results are
acknowledged and accepted by all parties, upholding social and political
stability.
3. Setting precedents by producing rulings that serve as guides for settling
election-related disputes in the future.
Election-related issues in 2014 and 2019 highlight the difficulty and complexity of
upholding electoral integrity (Tröger, 2019). To guarantee fair, transparent, and
accountable elections, an effective and efficient dispute resolution approach is
required. The BAWASLU and the Constitutional Court play a critical role in managing
and resolving election problems (Febrian, 2021; Rubiyanto & KEBUDAYAAN, 2023).
Problems and disputes in the 2014 and 2019 elections demonstrate the presence of a
variety of factors and causes threatening electoral integrity (Weghorst, 2022). Oversight
capabilities, processes for dealing with violations, independence, due process,
accessibility, and public trust are among the gaps in The General Election Supervisory
Agency (BAWASLU) and the Constitutional Court's dispute resolution procedures.
Addressing these gaps is critical for future improvements to the electoral dispute
resolution system, ensuring fair, transparent, and accountable elections (Febrian, 2021;
Syawawi, 2020).
Electoral dispute resolution varies across democracies worldwide. According to
Hamzani, Taufik, and Khasanah (2021), 50% of these disputes are resolved through
the judiciary, while 46% are addressed by Election Supervisory Bodies (EMBs)
(Hamzani, Taufik, & Khasanah, 2021). Countries with election dispute resolution through
EMBs include Turkey, Thailand, Australia, and Norway (Ahmad, 2021b). Meanwhile,
Indonesia and Germany resolve disputes through the courts. In Indonesia, the
settlement of election disputes is carried out by the Constitutional Court, which has
the authority to handle the resolution of election results. Of course, each country's
settlement of electoral disputes is different in its settlement model (Adams & Asante,
2020).
This research focuses on violations of the electoral process resolved by the
Election Supervisory Body and violations of the results of the counting of votes
resolved by the Constitutional Court (Ruhdiara et al., 2022). Election violations are a
problem that affects democratic values in Indonesia. This is because elections
significantly value developing a healthy and dynamic democracy (Dinata & Akbar, 2022).
Therefore, this research is compelling as it aims to elaborate on the juridical dispute
resolution model (based on legal norms) through the Election Supervisory Body and

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the Constitutional Court as judicial institutions in Indonesia (Mahyudin et al., 2020; Sani
et al., 2021).
Law enforcement personnel who are willing or able to move it are necessary for
the application of a legal norm. The aim of law development will not be fulfilled if
there are no human law enforcement agents (Suparto et al., 2023). Because law
enforcement is carried out by people, not just by the law, success depends on the
presence of law enforcement officials. The conduct of law enforcement officials
reflects both the good and bad of law enforcement (Sani et al., 2021b). Law enforcement
must be professional, proportionate, and able to position the law from abstract to
concrete. The law can be perceived as a state product, providing certainty for people's
interests and maintaining sovereignty. It can provide benefits to communities and
justice seekers by regulating elections and accountability (Von Borzyskowski & Wahman,
2021).
Research on election administrative disputes in Indonesia, such as those
involving the Election Supervision Body (ESB), Honorary Council of the General
Election (HCGE), and State Administrative Court, is limited (Ahmad, 2021b). The study
also examines post-conflict regional elections, their structure, disputes, and the
handling of these cases by the Constitutional Court (Al-Fatih & Nur, 2023). The research
also discusses legal issues related to jurisdiction over these disputes. Compared to
previous studies, there is limited focus on the political direction of Constitutional
Court decisions and their responsiveness to regional election problems (Indra et al.,
2023; Suparto et al., 2024) . Comparing Indonesia and America, despite extensive
research, there needs to be more interest in implementing regulations or reviewing
legal politics through a judicial review process (Indra et al., 2023b). This highlights the
need for further research on these issues.
In the end, Indonesia's state administration structure has seen changes in the
system, mechanism, and behaviours of election and post-conflict local election
organisers and participants due to the political renewal of election and post-conflict
local election law following the Constitutional Court Decision (Ruhdiara et al., 2022).
People are aware of the constitutional rights guaranteed by the 1945 Constitution and
strive to improve the system through regional head elections to elect ideal figures (Shah,
2021). The dynamics of holding regional head elections aim to resolve injustice and
legal uncertainty, but the political system can cause gaps between constitutional
interpretation and legislative implementation (Adams & Asante, 2020).
Many regulations, material tests, and public dissatisfaction with the
implementation of regional elections are critical issues that are criticised by judicial
reviews (Aolain, 2018; Tiplady, 2022). The results of Constitutional Court decisions often
make legal products governing regional elections and their amendments increasingly
complex, making implementation difficult (Borzyskowski & Saunders, 2022b). Therefore,
the urgency of this research is to identify the legal politics that underlie the making of

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regulations and changes to the Regional Election Law, enriching scholars' knowledge
and serving as a reference for future regional election politics (Katju, 2023).
Several previous studies have been more dominant in discussing election
problems and violations and how to anticipate violations in elections (Daxecker et al.,
2019; Daxecker & Jung, 2018; Manik et al., 2019; Nadaf, 2020) . The number of articles
examining electoral violations and dispute resolution options is still quite low due to
the complicated procedure for resolving disputes or election violations and the fact
that the model for resolving election disputes is not definitive (Borzyskowski & Saunders,
2022). On the other hand, each democracy has a different dispute resolution model
carried out by the judiciary and administration. This study analyses dispute resolution
models based on peace processes, political power, and civil participation (Raden, 2021;
Tiplady, 2022).
This study can provide literary recommendations on dispute resolution models
and election violations in Indonesia through the analysis, considering that previous
research has not resolved Indonesia's conflict and election violations. This research
uses qualitative research methods with a normative approach, using data sources based
on primary and secondary legal materials. This research analyses juridical and
normative theories, policies, legal decisions, and studies of cases of election violations
in 2014 and 2019.
METHOD
This study employs normative research techniques with a grounded theory in its
primary and secondary legal data sources (Khairunnisa et al., 2022). In order to construct
theories based on existing data, the grounded theory technique is utilised to explain
the correlations that emerge through case studies to explain the differences that appear
(Vollstedt & Rezat, 2019). In addition, a normative research strategy is used in this study
to support the grounded theory analysis (da Silva et al., 2020). This is due to the study's
aim, which is to develop a model for settling the 2019 election disputes by establishing
theoretical foundations, legal and normative foundations, as well as studies from case
studies that are thoroughly examined (Souza et al., 2020).
This study analyses legal and normative theories, laws, and rulings while also
studying examples of electoral irregularities from 2014 and 2019. Primary legal
resources and secondary legal materials were employed as data sources for this
research. The 1945 Constitution of the Indonesian National Republic, the
Constitutional Court Law, and the Constitutional Court's rulings on election disputes
in 2014 and 2019 are the main legal data sources used. Secondary Legal Materials
include 45 reputable international journals from 2014 through 2022. This study also
utilises the books on the Constitution, Elections, Election Disputes, Dispute
Resolution, State Institutions, Democracy and Human Rights, Constitution, and news
articles that are relevant to the research variables between 2014 and 2022.

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RESULTS AND DISCUSSION
Constitutional Court as a Settlement of Electoral Disputes
In several decisions, The Constitutional Court has been instrumental in making
legal breakthroughs by altering laws by adding or deleting words (Warjiyati et al., 2022).
Three methods of rule-breaking are employed: 1) using spiritual intelligence to
overcome legal adversity, encouraging a shift away from outdated methods; 2) focusing
on a deeper meaning in law implementation, encouraging all law enforcement to
question their conscience about the law's profound meaning; and 3) involving
vulnerable groups in law enforcement (Asrun, 2023). Justice seekers may consider a
law's normative, sociological, and constitutional aspects. All constitutionality-related
issues are resolved exclusively through the courts in countries with constitutional
courts (Tushnet, 2021). However, legal breakthroughs often occur when the court
handles cases outside its authority. This approach encourages a more inclusive and
practical approach to addressing legal issues (Huda, 2019).
The Constitutional Court's legal breakthroughs are influenced by the intentions
of constitutional judges and the public response to rule-breaking decisions (Al-Fatih &
Nur, 2023). For example, the Court's Decision No. 46/PUU-XIV/2016 expanded the
meaning of adultery in the Criminal Code, leading to public acceptance. Judicial
activism allows judges to make decisions based on personal or political considerations.
It is a philosophy where judges allow their personal views on public policy to guide
their choices. This philosophy is believed to lead to constitutional violations and
disregard of precedent (Marwiyah et al., 2022). Judicial activism, rooted in English legal
tradition, began with Madison v. Marbury in 1803. It emphasised equity and natural
rights, demonstrating separation of powers and balance (Siregar, 2023).
The public expects The BAWASLU to be a reliable partner in implementing
democratic elections, and The BAWASLU must make fundamental changes to its
supervisory system (Hafidz et al., 2021; Syawawi, 2020). The system should have a
standard format in the election monitoring process, with a double-standard pattern of
supervision as both an implementer and a direct supervisor (Appleby & Lynch, 2021).
The BAWASLU should also provide adequate coaching supervision in cases like
money politics or political dowries (Budhiati, 2020). The mechanism for handling
violations should be simplified, making it easier for reporters to submit reports and
supervisory members to handle violations. Strengthening the capacity and human
resources of election supervisors is also essential (Gerards, 2023). The relationship
between the civil society movement and the election monitoring movement should be
strengthened, with participation from civil society and monitoring organisations. The
Jargon "Together with the People to Supervise Elections, Together with The
BAWASLU to Enforce Election Law" encourages community involvement in
upholding election law and achieving electoral justice (Purba, 2021; Syawawi, 2020).

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Majoritarianism refers to the judicial process's negation of democratic policies,
while Interpretative Stability, Interpretative Fidelity, Substance/Democratic Process
Distinction, Specificity of Policy, and Availability of an Alternate Policymaker all
examine the impact of court decisions on democratic political outcomes (Aprilindo et
al., 2019; Djuyandi & Hidayat, 2019; Jackson et al., 2022). The Constitutional Court, a key
institution in Indonesia, is a crucial player in implementing judicial activism, known as
virtue jurisprudence (Marwiyah et al., 2022). The approach, combining implications,
minoritarian, remedial, and internationalism, is a crucial aspect of a country's legal
system, emphasising unwritten rights and protecting unintentional freedoms (Huda,
2019b).
The minoritarian principle emphasises the special attention given to minority
groups when the democratic process is negatively impacted by the majority, particularly
when it violates the principle of equal protection (Hamzani, Taufik, Asmarudin, et al.,
2021; Shah, 2021). The remedial principle allows the court to restore the rights of
individuals or groups that are considered unfair, while the internationalism principle
considers developments in international law (Al-Fatih & Nur, 2023). In some instances,
the Constitutional Court is encouraged to carry out judicial activism, as the country's
legal system is multi-faceted, based on Pancasila and the 1945 Constitution. This
approach provides a strong rationale for the Constitutional Court's implementation of
judicial activism (Warjiyati et al., 2022).
Normatively, elections are expected to be held in accordance with orderly, safe,
peaceful, and high public awareness in the involvement of exercising their voting rights
(Nadaf, 2020). However, the fact is that the implementation of elections does not have
to be in accordance with juridical norms. Many elections were found not to be in
accordance with legal norms, and political practices were exhibited that met the
elements of fraud, manipulative data, and vote inflation (Setyono et al., 2021).
Normatively, violations that occur in the holding of elections involve several
categories.
1) Violation of the Code of Conduct;
Article 251 of Law Number 8 of 2012 concerning the General Election of Members
of the People's Representative Council (Dewan Perwakilan Rakyat-DPR), Regional
Representative Council (Dewan Perwakilan Daerah-DPD), and Regional
Representative Council (Dewan Perwakilan Daerah-DPRD) states “Violation of the code
of ethics for election organizers is a violation of the ethics of election organizers guided by oaths
and/or promises before carrying out their duties as election organizers.”
2) Election Administration violations.
Article 253 of Law No. 8 of 2012 states “Violations of election administration are violations
that include procedures, procedures, and mechanisms related to the administration of implementation.
Elections in every stage of the implementation of elections outside the criminal acts of elections and
violations of the code of ethics of election organizers.”

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3) Election Disputes.
Article 257 of Law No. 8 of 2012 states “Election Disputes that occur between election
participants and disputes between election participants and election organizers as a result of the issuance
of decisions of the Election Commission (Komisi Pemilihan Umum-KPU), Provincial Election
Commission (KPU), and Regency/City Election Commission (KPU).”
4) Electoral Offences;
Article 260 of Law No. 8 of 2012 states “Election crime is a criminal offense of violation
and/or crime against the provisions of the election crime as stipulated in this Law.”
5) Election TUN Disputes.
Article 268 of Law No. 8 of 2012 states.
Election administrative disputes are disputes that arise in the field of election administration
between candidates for members of the People's Representative Council (Dewan Perwakilan
Rakyat-DPR), Regional Representative Council (Dewan Perwakilan Daerah-DPD),
Provincial Regional Representative Council (Dewan Perwakilan Daerah-DPRD), regency/city
DPRD, or political parties of candidates for Election Participants with the Election Commission
(Komisi Pemilihan Umum-KPU), Provincial KPU, and Regency/City KPU because of the issuance
of decisions of the KPU, Provincial KPU, and Regency/City KPU.
6) Disputed Election Results (Persilihan Hasil Pemilihan Umum-PHPU);
Article 271, paragraph (1) of Law No. 8 of 2012 states “Disputes over election results are
disputes between the Election Commission (Komisi Pemilihan Umum-KPU) and Election
Participants regarding the determination of the results of elections nationally.”
Considering that the implementation of elections is not as adapted, the state
prepares an institutional mechanism for resolving election disputes as an effort to
provide protection for the rights of citizens who are violated and as an effort to provide
trust and satisfaction to the public in the Electoral Institution as a democratic
institution and legitimise a strong and trusted government (Setyono et al., 2021; Von
Borzyskowski & Wahman, 2021). The proverb "Evil causis evil vallacy," suggests that
negative events can result from and cause other negative events. This is evident when
the conduct of an election appears flawed or deficient ( (Anom et al., 2022). Such
shortcomings have detrimental effects both juridically and politically. In Indonesia, elections
are anticipated to be integral to democratic life and the formation of a legal state, ideally
conducted without disputes. However, election disputes frequently arise in every
election cycle (Harijanti & Lindsey, 2018; Kelliher, Isra, Daulay, et al., 2019) .
Elections are a means of implementing people's sovereignty, which is held
directly, publicly, freely, secretly, honestly and fairly in order to produce a democratic
state government based on Pancasila and the 1945 Constitution (Ruhdiara et al., 2022).
Article 2, paragraph (1) of the 1945 Constitution states, "Sovereignty is in the hands of the
people and is exercised according to the Constitution". The phrase "sovereignty in the hands of
the People" refers to the notion that the people have the power, duty, and obligation
to democratically select the leaders who will constitute a government, care for and
serve all spheres of society, and monitor the conduct of that government. Parliament

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serves as the institution that carries out the people's sovereignty (Firmanto et al., 2021;
Hamzani, Taufik, Asmarudin, et al., 2021).
The Constitutional Court judges and The General Election Supervisory Agency
(BAWASLU) commissioners in Indonesia face issues of independence and integrity
due to recruitment sources with direct interests in the court's decisions (Anwar, 2019).
The process for determining MK judges, as stipulated in the 1945 Constitution, is open
to political commitments and pressure from institutions (Purba, 2021; Rahmawati &
Nugraha, 2023). The Constitutional Court's short trial process, coupled with
government interference in election results, compromises its independence and
integrity. This situation affects decisions related to state power and allows the law to
be used as a political tool (Khurshid, 2020).
Article 475, paragraph (1) of Law 7 of 2017 Election Law states "In the event of a
dispute over the determination of the vote acquisition results of the Presidential and Vice-Presidential
Elections, the Candidate Pair may file an objection to the Constitutional Court within a maximum
period of 3 (three) days after the determination of the results of the Presidential and Vice-Presidential
Elections by the KPU". Article 475, paragraph (3) of Law 7 of 2017 Election Law states
"The Constitutional Court decides disputes arising from objections as referred to in paragraphs (1)
and (2) no later than 14 (fourteen) days from the receipt of the objection application by the
Constitutional Court".
On June 27, 2018, 17 provinces, 115 districts, and 39 cities held simultaneous
elections, with a potential voter population of 160,756,143, four times higher than the
2017 Regional Election, indicating an increased potential for violations (Armia, 2015b;
Kelliher, Isra, Yuliandri, et al., 2019) . Meanwhile, the Election Supervisory Body is
releasing aspects of insecurity in the 2018 Election Insecurity Index, including the
integrity and professionalism of the organisers, contestation, participation, neutrality
of the State Civil Apparatus, Money Politics, Security, Identity Politics, and social
media (Dinata & Akbar, 2022).
For example, Article 135 paragraph (1) of Law 1/2015 jo. Law 8/2015 jo. Law
10/2016 concerning the Election of Governors, Regents, and Mayors, specifies
violations that can be reported. These include breaches of the code of conduct by
election organisers, violations of election administration, election disputes, and
criminal acts. Each of these types of violations has a different substance and handling
procedures (Firmanto et al., 2021; Hamzani, Taufik, Asmarudin, et al., 2021) . Therefore, in
order to play a role in supervising the implementation of regional elections, the public
must know and understand the types of election violations (Samararatne, 2021).
In 2019, quite a lot of cases were handled or decided by the Regency/City
Supervisory Committee, especially in North Sulawesi Province. Of the total 6,649
reports and findings that came in, there were 4,759 cases of administrative violations,
and 548 others were criminal violations of the General Elections (Setyono et al., 2021).
In addition, the Election Supervisory Body also processed 107 violations of the code

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of conduct for election organisers. Meanwhile, 105 violations are still being processed
and have not been categorised, and there are various cases of election administration
violations that have occurred in other areas (Raden, 2021; Tushnet, 2021).
Some disputes related to allegations of violations of election juridical norms
show that there are stages of the justice process with various types of violations. There
must always be demands for the completion process, one of whose themes relates to
law enforcement (Hamzani, Taufik, Asmarudin, et al., 2021). These disputes often involve
subjects accused of legal or ethical violations, reflecting the complex nature of
elections, which engage multiple parties with varied interests (Adams & Asante, 2020;
Tushnet, 2021).
Law Enforcement Idealism on Election Dispute Resolution Models
Alternative dispute resolution is a method that prioritises the suitability of the
parties' will, resulting in comprehensive decisions based on their wishes (Daud, 2020a).
This differs from conventional dispute resolution, which often relies on third parties
like law enforcement or judges, which often prioritise formality and legal certainty. A
dispute is a discrepancy between parties' will, leading to conflict and potentially
disrupting their interests (Prawiraharja, 2023; Suparto et al., 2023) . To resolve disputes,
dispute resolution is often carried out through litigation involving law enforcement
agencies like police, prosecutors, and courts. However, there is an antinomy in the
implementation of litigation dispute resolution (Suparto et al., 2023). In contrast,
alternative dispute resolution aims to arrange regular disputes through litigation.
Law enforcement is a series of activities aimed at concretising legal values in
societal problems (Höglund & Jarstad, 2011). Understanding law enforcement involves
recognising the application of values in society. In everyday people, law enforcement
and implementation are often associated with the implementation of favourable legal
rules in society (Donahue, 2023). This understanding of law enforcement is consistent
with applying positive law, which is the practice of laws and regulations in social life.
The focus is on the application of favourable legal rules, regardless of whether they are
good or violate legal principles. Law enforcement is different from law enforcement,
as it is oriented towards the "value" of the law, not just judging the law (Edwards III,
2023; Raden, 2021).
Law enforcement requires understanding and applying existing legal values to
the realities of society. This requires high reasoning and the soul and nature of
humanity (Prawira, 2019). Law enforcement is a humane legal orientation, as humans
usually carry it out. The proper application of the law does not require a value
orientation, but the focus is on the rules that can be applied (Muntoha, 2009). The
development of technology and information has significantly impacted the practice of
law. The digitalization era has caused a paradigm shift in legal practice, with the law
becoming active and prioritising preventive legal character over repressive nature. This

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shift in law enforcement is a humane effort and highlights the importance of
understanding and applying values in law enforcement (Hamzani, Taufik, Asmarudin, et
al., 2021; Tambe, 2024).
In the digital era, law enforcement practices must align with anticipatory efforts
to avoid disputes. Despite advancements in technology and information, the valueoriented nature of law enforcement remains unchanged. Values guide people to behave
properly and appropriately, preserving their essence as human beings (Khairunnisa et
al., 2023). Law enforcement, aimed at reviving the human spirit, is relevant to
progressive law, as stated by Satjipto Rahardjo. Rahardjo, a legal thinker with a
sociological perspective, sees social-society reality as a field that must be integrated
with theoretical and practical aspects of law (Faisal, 2023). Sociological jurisprudence, a
philosophy in law that prioritises sociological aspects, distinguishes it from social
thought that studies law or the sociology of law (Herlindah & Darmawan, 2022). There
are three main differences between sociological jurisprudence and sociology of law.
First, Sociological jurisprudence is a field of law that examines social-societal
realities that influence it, contrasting with the sociology of law, which is rooted in social
science studies (Prawira, 2019). Sociological jurisprudence views law as a value-based
norm, focusing on the development of law within social-societal realities (Herlindah &
Darmawan, 2022). This differs from the sociology of law, which views law as a written
rule by the state, viewing it as a social product. This distinction highlights the
importance of understanding social-societal realities in shaping law. Third, Sociological
jurisprudence, a branch of legal science, uses perspectives from other disciplines to
study legal issues, but it still maintains the identity of legal science as a solution to the
problems (Raden, 2021; Tushnet, 2021). Unlike the sociology of law, which is rooted in
social science, the sociology of law provides a description of social reality. Satjipto
Rahardjo, a thinker of sociological jurisprudence, believes in progressive law as an
intellectual anxiety related to the "tattered" reality of post-reform law enforcement. He
believes that the law seems to have lost its master, with no clear direction for its work
(Faisal, 2023b). The law, like a lost traveller, lacks a compass to guide its way, making it
a complex and evolving field.
On the other hand, prominent figures in law enforcement proposed progressive
law as a solution to the unstable legal reality of the Indonesian nation. Progressive law
is a compass that guides Indonesian Law to serve humanity and humans, not the other
way around. It assumes that law is a continuous process, not absolute or anti-criticism
(Herlindah & Darmawan, 2022). Progressive law encourages viewing the law as part of a
social reality that can change at any time, promoting continuous improvement and
change (Daud, 2020b). The law should not be rigid or frozen in societal reality but rather
constantly moving and changing, following human dynamics. While progressive law
does not negate legal certainty, it also agrees with it, as it is a fundamental value of law.
However, legal certainty can be revised if it is not aligned with developments and

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existing humanitarian realities (Prawira, 2019). In summary, progressive law offers a
more flexible and adaptable approach to the Indonesian legal system, ensuring that it
serves humanity and adapts to the changing social and societal realities (Hall, 2020; Shah,
2021).
Law enforcement in Indonesia is facing a chaotic legal landscape, prompting
Satjipto Rahardjo to propose progressive law as an alternative (Harun, 2019).
Progressive law serves as a guiding principle for Indonesian law, emphasising that the
law should serve humanity rather than the other way around. It recognises that law is
an ongoing, dynamic process that is open to criticism and not fixed. Progressive law
encourages the perspective that law is an integral part of social reality, capable of
evolving and improving over time (Herlindah & Darmawan, 2022). The law should not
be rigid or frozen in viewing social-societal reality but rather constantly moving and
changing, following human dynamics (Marwiyah et al., 2022). While progressive law does
not negate legal certainty, it must be understood that it also agrees with legal certainty.
However, legal certainty can be revised if it is not aligned with developments and
existing humanitarian realities (Parman, 2021). In summary, progressive law offers a
more flexible and adaptable approach to Indonesian Law, ensuring that it serves
humanity and adapts to the changing social and societal realities.
Progressive law is a teaching of humanity and justice, emphasising that it is not
just a rule made by the state but a philosophy that considers the value and philosophical
dimensions of the law (Pai et al., 2023; Tambe, 2024). It views humans as regulators,
controllers, and preservers, often referred to as caliphs, who must be fair to fellow
humans, living creatures, the environment, and the universe. Progressive law seeks to
view the law as a reflection of the value of justice in society, requiring it to concretise
the idea of justice that develops in society. The concept of progressive law also has
dual aspects: behaviour and rules (Raden, 2021; Samararatne, 2021) . It emphasises the
duality between rules and behaviour, viewing law as the complexity between rules and
behaviour. This approach challenges legal positivism, which views law only as a ruleoriented system, as it emphasises the importance of understanding both rules and
behaviour. Progressive law aims to concretise the idea of justice that develops in society
(Indra et al., 2023)

Progressive law is a legal approach that views law holistically as a rule and
behaviour, focusing on the spiritual and profound meaning of the law rather than just
black-and-white regulations (Harahap et al., 2019). This approach seeks to explore the
moral context in law, which is the "heart" of the law. Progressive law also seeks to
bring justice to society by rejecting the notion that the law is fast and structured and
rejecting specific characteristics when analysing the law. It believes that the law must
be freed from elements that can hinder its development, such as a single view of the
law (Wahid, 2021). The law in which values radiate must always be explored based on
the values that develop in society. Progressive law seeks to present a holistic,

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comprehensive, and responsive legal paradigm, ensuring that the law is always reactive
to the times. In the context of law enforcement, progressive law enforcement implies
that law enforcement does not only rely on intellectual intelligence but also spiritual
intelligence (Herlindah & Darmawan, 2022).
Law enforcement is a crucial aspect of the legal system, requiring a combination
of determination, empathy, dedication, and commitment to the nation's suffering.
Progressive law enforcement, as described by Mahfud MD, requires officers to
perform "Caesar" operations when formal legal aspects are held hostage (Umagapi,
2020). This approach aims to become a "spirit" for law enforcers in Indonesia,
prioritising alternative dispute resolution and recognising justice in social-societal
reality (Marwiyah et al., 2022b). Progressive law prioritises substance over formal
procedures, emphasising the nature and character of the law that is constantly evolving
(Sihidi et al., 2020). It also emphasises humanitarian attitudes, dares to act
unconventionally, and prioritises spiritual considerations over intellectual ones. In
essence, progressive law enforcement is a spirit that aims to provide justice in various
settings, fostering a more inclusive and effective legal system (Asrun, 2023).
In its implementation, the community does not need to worry or hesitate to
report the types of potential violations, especially during elections, which is the first
step in building a critical attitude model of public militancy (Clarke, 2019). According
to the Law concerning Witness and Victim Protection, it is confirmed that those who
testify as witnesses, victims, or whistleblowers cannot be sued in either a criminal or
civil proceeding because of their reports or testimony (Böhm et al., 2021). Thus, the
public's engagement in oversight as voters can at least help to reduce the large number
of infractions in the conduct of elections.
In constructing the quality of the democratic party and its law enforcement, this
need for the participation of society becomes "absolute". Without the assistance of the
general population, it would be impossible for the election organizers to carry out their
plans in line with the standards that govern them. Accordingly, it seems reasonable that
Soerjono Soekanto (2019), a legal sociologist, would consider society as one of the
components of law enforcement (Jackson et al., 2022; Kennedy & Suhendarto, 2020) . This
demonstrates that the community's position is crucial in preventing the creation of
election disputes that appear during the settlement process since the community is "the
subject of democracy that determines in principle and legality."
The second is the aggressiveness of the Election Supervisory Body's law
enforcement (Djuyandi & Hidayat, 2019). It is obvious that the General Election
Supervisory Agency of the Republic of Indonesia Number 18 of 2017 concerning
Procedures for Resolving Disputes for the Election Process and Regulation of the
Election Supervisory Agency of the Republic of Indonesia Number 18 of 2018
concerning Amendments regulate the scope and dispute resolution mechanism of the
electoral process in the Election Supervisory Body.

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Regarding the object of the dispute (objectum litis), the Per Election Supervisory
Body on Procedures for Resolving Electoral Process Disputes specifies additional
rules. This document deviates from the interpretation of Article 466 of the Election
Law, qualifying that dispute over the electoral process arise because of (Chakim, 2019;
Piazza, 2021) the rights of election participants who are directly harmed by the actions
of other election participants as a result of those actions. The provisions of Article 4
paragraph (2) of the Election Supervisory Body regarding Procedures for Dispute
Resolution of the Election Process defines the format and nature of the subject matter
of disputes in the election process as follows: "The decision of the Election Commission
(Komisi Pemilihan Umum-KPU), the decision of the Provincial KPU, or the decision of
the Regency/City KPU as referred to in paragraph (1) is in the form of a decree and/or
minutes." Article 4A paragraph (1) and Articles 12 paragraph (3) and (4) of the
PerElection Supervisory Body concerning Procedures for Dispute Resolution of the
Electoral Process specify the limitations and exceptions to Election Commission (Komisi
Pemilihan Umum-KPU) decisions, Provincial KPU decisions, and Regency/City KPU
decisions that cannot be used as objects of disputes.
For instance, the laws on the implementation of government specify that the
Election Supervisory Body is the entity responsible for overseeing the holding of
elections. However, the community, as the owners of the right to vote, also has to be
involved as supervisors in the execution of the regional elections in an attempt to
preserve the quality of such elections because reporting election breaches from voters,
election monitors, and election participants (candidates' spouses) is the responsibility
of both the Provincial Electoral Management Bodies, District/City supervisory
committee, Field Election Supervisors, and polling station supervisors (Chakim, 2019;
Vollstedt & Rezat, 2019).
That viewpoint, at least, is consistent with many other ideas. A prominent lawyer
known for his valiant attitude toward justice, and law enforcement once remarked,
"Even though the ship will be sunk, maintain law and justice." In whatever
circumstance or setting, sustaining the rule of law and the rule of justice are essential.
When a political climate is present or about to emerge, it must not be disturbed by any
outside force. No authority from anywhere or for any reason should be able to
undermine the legitimacy of the law's application.
It is a human obligation to uphold the law in all circumstances, including the
democratic party (elections) and regional head elections (Pemilihan Kepala DaerahPILKADA). A representative of the state is whoever is given the legal authority to
enforce it; therefore, when that authority is disregarded, many important national and
state interests suffer. The goal of the legislation is to control harmonious social
interactions. As social beings, humans will constantly engage in interactions with one
another. Individual and group interests will be present throughout this contact, which

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can occasionally lead to disagreements. However, interactions can have advantages via
advancing knowledge and other types of information.
Legal standards, are a tool used by society to regulate how members of the
community behave when they interact. When "directing behaviour" is described here,
we naturally wonder, "directing where"? There is a priority in society itself where the
norm guides how people behave (Firmanto et al., 2021). We can view that standard as a
reflection of the will of society since society chooses these tendencies. By deciding
between acceptable and unfair conduct, which later becomes the standard in that
culture, the community carries out its desire to control how its members behave (Sani
et al., 2021). The legal standard is thus a prerequisite for verdicts. It turns out that
indicators based on legal norms that have "included" election disputes in public
knowledge are still not handled in accordance with the legal accountability system for
concluding elections. If the public assumes that there is no real accountability or law
enforcement as a juridical responsibility, it makes sense. Elections are another type of
criminal law violation that clearly indicates a criminal act.
The process of attempting to develop or put into practice legal standards as a
code of behaviour in traffic or legal interactions in the lives of society and the state is
known as law enforcement (Hamzani, Taufik, Asmarudin, et al., 2021) . When regarded
from the perspective of the subject, law enforcement can be carried out by a wide range
of people and can also be seen as an attempt to uphold the law that involves all legal
parties in all legal relationships (Wijaya & Nasran, 2021). Anyone who upholds normative
principles or acts or refrains from acting in accordance with the standards of the
applicable rule of law is either upholding or enforcing the rule of law. In the restricted
sense, law enforcement is solely described as an attempt made by certain law
enforcement personnel to guarantee and secure the existence of the law, with the
option to use force if required (Hall, 2020; Raden, 2021).
According to (Kelliher, Isra, Yuliandri, et al., 2019) the purpose of law enforcement
can also be understood in terms of its intended outcome, namely the law. The notion
here has both a wide and a specific meaning. Law enforcement, in a wide sense, also
refers to the principles of justice that underpin it, as well as those that permeate society
(Letsa, 2024). However, in a limited sense, law enforcement only refers to the legal,
documented enforcement of laws. As a result, while translating "law enforcement" into
Indonesian, the term "law enforcement" is used broadly, and the term "enforcement"
is used more specifically (Umagapi, 2020).
The differences between "the rule of law" and "the rule of just law," as well as
between "the rule of law and not of man" and "the rule by law," which refers to "the
control of man by law," reflect the formality of the written rule of law and the breadth
of justice value of its content. In addition to having the legal meaning of ruling by law,
the phrase "the rule of law" also refers to the ideals of fairness that it upholds. The
"rule of just law" is applied as a result. "The rule of law and not of man" refers to the

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notion that a modern legal state is, in essence, controlled by law rather than by
individuals (Fauziyah & Parsa, 2020; Hamzani, Taufik, & Khasanah, 2021; Kelliher, Isra,
Daulay, et al., 2019). The phrase "the rule by law", on the other hand, refers to a kind of
governance where the law is only used as a weapon of power. If this is done, that is, if
the law is used as a tool of power, it will be challenging to establish legal responsibility
for electoral problems in the present. The electoral justice system offers justice, but it
is either a pipe dream or practically unattainable. The Election Supervisory Body
becomes a culmination under such circumstances, just like any other institution.
Only requiring justice is the primary aim of the law, and its substance is decided
by an ethical understanding of what is considered just and unjust. The way or method
of "betraying" law and justice is truly evocative of this philosopher's critique (Lubis &
Ramadhan, 2019). When laws like juridical culpability are not upheld as they ought to
be, the person responsible for upholding them in general or in the context of their
customs is more drawn into the "busyness" of upholding their discourse than
upholding them.
According to this perspective, when confronted with various incidents or
activities that fall under the category of acts or objects of dispute, law enforcement
would consider the execution of elections in Indonesia as one of the crucial factors
(Ansori, 2019). If the criminal justice system is not or has not been implemented
idealistically, objectively, evenly, and fairly, constitutional democracy is nothing more
than an illusion (Wang et al., 2022). This indicates that democratic party elections are
still merely a regular pastime for politicians who are more obsessed about passing their
own "laws" than helpful policies.
CONCLUSION
In Indonesia, elections are expected to be part of democratic life. However,
the scenario of electoral disagreements persists in every implementation. The election
supervisory body discloses the components of vulnerability in the Election
Vulnerability Index, including the integrity and professionalism of the organisers,
contestation, participation, neutrality of the State Civil Apparatus, Money Politics,
Security, Identity Politics, and social media. The idealistic concept of electoral dispute
resolution sometimes hinders dispute resolution. However, the public need not be
nervous or intimidated to report election violations. Community involvement is
"absolute" in defining democratic party formation and law enforcement. The Election
Dispute Settlement Process is further regulated in the Regulation of the Election
Supervisory Body concerning Procedures for Settlement of Disputes.
Article 466 of the Election Law states that election disputes are caused by the
decisions of the General Election Commission both at the central and regional levels.
Applying legal principles in the regulation of general elections or regional head
elections is a human task. Whoever has the legal responsibility to enforce it is the state's

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representative. Law enforcement is an effort to develop or implement the rule of law
as a traffic guide or legal interaction in the life of society and the state. It can also be
seen as a law enforcement activity that involves all legal subjects in every legal
relationship. The term 'rule of law and not man' emphasises that the law, not the
people, rules the modern rule of law. Under such conditions, electoral justice is
impossible. Law enforcement is one of the main factors faced by law enforcers when
faced with various events or activities that fall into the category of actions or objects
of dispute. If criminal law enforcement is not optimal, objective, equitable, and fair,
constitutional democracy will never be achieved.
ACKNOWLEDGMENTS
The authors extend their gratitude to the editors and blind reviewers for their
constructive comments and good direction to the research. Also, we express our
deepest gratitude to Universitas Dr. Soetomo for supporting this research.
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