Implementing ADR for Election Result Disputes Among Party Candidates in the Indonesian House

Saivol Virdaus1, Adi Sulistiyono2, Isharyanto3 & Saldi Isra4

https://doi.org/10.62271/pjc.16.4.633.646

Abstract
Resolving disputes over election results between candidates within the same party currently does not guarantee access to justice for prospective members of the Indonesian House of Representatives (IHR). To file a lawsuit, candidates must obtain a written permission letter from the leader of the supporting party. Since the implementation of the open proportional system from 2009 to 2019, 27 candidates’ applications for disputes over election results were rejected by the Indonesian Constitutional Court due to the absence of such written permission, which is a formal requirement. This research focuses on resolving election result disputes between legislative candidates and explores the opportunities for using Alternative Dispute Resolution (ADR). Employing a normative juridical research method, the study proposes the institutionalization of ADR for IHR election result disputes. It advocates the use of facilitative mediation, evaluative mediation, and arbitration conducted by the Party Court. These methods would complement and support the existing formal mechanisms at the Constitutional Court, providing a more accessible and just avenue for candidates to resolve their disputes. The findings of this research highlight the necessity of integrating ADR into the dispute resolution framework to enhance the fairness and effectiveness of the electoral process for legislative candidates in Indonesia.

Keywords: Alternative Dispute Resolution, Election Results Disputes, Access to Justice