TAFSIR KONSTITUSIONAL MAHKAMAH KONSTITUSI TERKAIT PELANGGARAN DALAM PERSELISIHAN PEMILIHAN UMUM KEPALA DAERAH

Abstract

The purpose of this study was to determine how the interpretation of the Constitutional Court against Violations Dispute Election of regional heads and the ratio of decidendi decision of the Court Constitutional  that inconsistent. This research  is a normative research, the materials of research is the primary material and secondary material, This research using statute approach (statute approach) case approach (case approach), conceptual approach and Socio Legal Studies approach. The results of this research show that the Constitutional Court in deciding the Election of regional heads dispute is not just a dispute resolution numbers or results of a calculation, but also including checking and judging vilation that affecting the results, especially qualified Violation that are structured systematic, and massive. The ratio of decidendi decision of the Court Constitutional was based on UUD 1945, the judge's conviction, and the evidence available, the Decision of the Constitutional Court shall contain the facts that revealed during proceedings and legal considerations that which become base decisions.