Frenky Imandra Putra Silalahi, Dessy Artina, Junaidi Junaidi


This study aims to find out how the legal construction used by the
judges and the philosophy of the implications for the decision of the Constituent
Court Number 93/PHP.BUP-XIX/2021 concerning the Election of the Regional
Head of Indragiri Hulu Regency.

This type of research can be classified in the type of normative
research, because in this study the authors conducted research by examining
library materials or secondary data. In this study, the data sources used were
primary data, secondary data and tertiary data. The data collection technique in
this study was through reading legal journals, books related to the issues in the
research. The researchers was used sources obtained through laws and
regulations related to General Elections, Regional Head Elections, Re-voting,
then secondary data sources, namely data sources from books and other
regulations, consisting of legal materials.

The theory used is the theory of democracy and the theory of electoral
justice (electoral justice). The results of this study indicate that after the
Constitutional Court's decision, it shows that legal construction is the way the
judge works or thinks in considering the evidence and the arguments submitted
before issuing the determination. In this case, the judge considered the decision of
the Constitutional Court Number 93/PHP.BUP-XIX/2021 concerning the Dispute
over the Results of the Regional Head Election of Indragiri Hulu Regency, the
author stated that the legal construction decided by the Constitutional Court was
in accordance with the ex aequo et bono principle. Where in the decision the
Constitutional Court was neutral towards the applicant and the respondent, the
Court also ordered the KPU to conduct a re-voting at 1 TPS. In the findings of
case Number 93/PHP.BUP-XIX/202 related to the Dispute on the Results of the
Regional Head Election of Indragiri Hulu Regency in 2020, the researcher found
that the reason for the judge in making his decision was because the principal of
the applicant's application was unclear, the contents were dark or (obscuur libel)
by the judge.

Thus, the decision of the Constitutional Court Number 93/PHP.BUP-
XIX/2021 related to the Dispute on the Results of the Regional Head Election of

Indragiri Hulu Regency is considered inefficient and does not respond quickly and
immediately wastes the existing legal position. The Constitutional Court as the
highest institution in deciding electoral dispute cases should be trusted by the
wider community, not only the upper middle class but also the lower class who
should also be able to get the same rights in matters of democracy, especially in
the direct regional head elections held in Indragiri Hulu Regency last December
Keywords: Juridical Analysis, Constitutional Court Decision, Electoral Justice

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