MANADO, Indonesia — Indonesia’s election and regional election dispute resolution system still faces significant challenges due to overlapping institutional authority, according to a 2026 study conducted by Ferley Bonifasius Kaparang, Ronald Jacobus Mawuntu, Merry E. Kalalo, and Josepus J. Pinori from the Faculty of Law at Sam Ratulangi University. Published in the International Journal of Scientific Multidisciplinary Research (IJSMR), the study argues that reforming the electoral justice system is essential for strengthening democratic legitimacy and legal certainty in Indonesia.
General elections and regional head elections serve as the primary mechanisms for implementing constitutional democracy in Indonesia. However, growing political competition has generated increasingly complex disputes, ranging from administrative violations and electoral crimes to process-related disputes and challenges to election results.
The researchers note that Indonesia has established several institutions responsible for resolving electoral disputes, including the Election Supervisory Agency (Bawaslu), the Integrated Law Enforcement Center (Gakkumdu), the Administrative Court (PTUN), and the Constitutional Court. While this institutional framework reflects the state’s commitment to safeguarding electoral integrity, fragmented authority often creates legal uncertainty and coordination challenges.
Using a normative legal research approach, the study examined laws, legal theories, and judicial practices related to electoral dispute resolution in Indonesia. The analysis focused on how neutrality, impartiality, and legal certainty are implemented within the current electoral justice system.
The findings show that each institution performs a distinct role. Bawaslu handles electoral process disputes and administrative violations, Gakkumdu addresses electoral crimes, PTUN reviews administrative decisions made by election organizers, and the Constitutional Court settles disputes regarding election results. However, the involvement of multiple institutions often leads to procedural complexity and inconsistent legal interpretations.
The study further reveals that the Constitutional Court provides the highest degree of legal certainty because its decisions are final and binding. In contrast, Bawaslu and Gakkumdu continue to face challenges related to procedural complexity, evidentiary standards, and inter-agency coordination. As a result, electoral participants may struggle to determine the most appropriate legal forum for dispute resolution.
One of the most significant developments highlighted by the researchers is the Constitutional Court’s use of the doctrine of structured, systematic, and massive violations (TSM). This approach allows judges to evaluate not only vote margins but also the overall integrity and fairness of the electoral process, strengthening the protection of constitutional rights.
To address existing weaknesses, the researchers propose an integrated electoral justice model. Under this framework, Bawaslu would become the primary entry point for all electoral complaints before directing cases to the appropriate institutions according to their legal nature. Such a system would reduce jurisdictional overlap, simplify procedures, and improve legal certainty.
The study also recommends harmonized procedural standards and stronger digital integration among electoral justice institutions. These measures are expected to improve efficiency, transparency, and public trust while reducing procedural conflicts and institutional fragmentation.
According to the authors, reforming Indonesia’s electoral dispute resolution framework is crucial not only for election participants but also for the long-term health of the country’s democracy. A more coordinated and predictable system would strengthen confidence in electoral outcomes and enhance the legitimacy of democratic governance.
Author Profile
Ferley Bonifasius Kaparang — Faculty of Law, Sam Ratulangi University, Manado, Indonesia.
Ronald Jacobus Mawuntu — Faculty of Law, Sam Ratulangi University, Manado, Indonesia.
Merry E. Kalalo — Faculty of Law, Sam Ratulangi University, Manado, Indonesia.
Josepus J. Pinori — Faculty of Law, Sam Ratulangi University, Manado, Indonesia.
Research Source
Article Title: Electoral Dispute Resolution in General Elections and Regional Head Elections within the Construction of Electoral Law Development (Ius Constituendum)
Journal: International Journal of Scientific Multidisciplinary Research (IJSMR), Vol. 4 No. 6, 2026
DOI: https://doi.org/10.55927/ijsmr.v4i6.77
Journal URL: https://journalijsmr.my.id/index.php/ijsmr
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