LEGAL ANALYSIS TO CONSTITUTIONAL COURT DECISION NUMBER 134/PHP.BUP-XIX/2021 IN THE CASE OF ELECTORAL RESULT DISPUTE OF THE REGENT AND THE DEPUTY REGENT ELECTION OF SABU RAIJUA REGENCY, NUSA TENGGARA TIMUR PROVINCE

Abstract

The Local Head General Election is a means of implementing people’s sovereignty at the local level which has the potential to be colored by disputes or disputes. The formulations in this study are (1) Is the stipulation of Decision Number 134/PHP.BUP-XIX/2021 by the Constitutional Court following its authority as regulated in Constitutional Court Regulation No. 6 of 2020 concerning Legal Procedures in Disputes on the Results of the Election of Governors, Regents, and Mayors? (2) What are the juridical and non-juridical implications of the Constitutional Court's Decision No. 134/PHP.BUP-XIX/2021 in a dispute over the results of the election of the Regent and Deputy Regent in Sabu Raijua Regency, East Nusa Tenggara Province? The research was carried out using a normative legal research type. The conclusions in this study are: Based on the Constitutional Court Regulation Number 6 of 2020 concerning Procedures in Disputes over the Election Results of Governors, Regents, and Mayors, the applicants do not have legal standing to apply to the Constitutional Court; Both the objectum litis and the deadline have been determined in the procedural law contained in the Law on the Election of Local Heads and the Regulations of the Constitutional Court, so the petition is no longer the authority of the Constitutional Court to examine, hear and decide. (2) Juridically, the Constitutional Court's decision has an impact on the conflict of authority between the Constitutional Court and the KPU in canceling the Sabu Raijua KPU Decision. Non-juridically, this decision has implications for the indirect loss of political rights to Thobias who is the elected Deputy Regent of Sabu Raijua Regency.