Courts with Jurisdiction over Election Cases Related to Candidate Qualifications of House of Representatives

Abstract

This research aims to study courts with jurisdiction over election cases, specifically focusing on cases related to qualifications of House of Representatives candidates. The aim is to find conclusions and recommendations to resolve issues regarding the verification process of qualifications and disqualifications of House of Representatives candidates, ensuring the process is both quick and fair.

The study findings reveal that jurisdiction over cases concerning House of Representatives candidate qualifications is split between the Court of Justice and the Constitutional Court, depending on the litigant's status. If the person is already a House Representative, the Constitutional Court has jurisdiction. Other cases fall under the Court of Justice's jurisdiction. This division has resulted in challenges for both potential House Representative candidates and election officials in ensuring fair implementation of the law. The current system makes it difficult to achieve maximum justice for the public in matters related to candidacy rights and qualifications reviews.

The thesis recommends establishing a specialized Election Court under the Supreme Court's authority. This court would handle all election-related cases, including candidate qualifications and disqualifications, regardless of whether the person in question is already an elected House Representative.