ANALISIS YURIDIS DAN EMPIRIS EFEKTIVITAS MEKANISME KEADILAN PEMILU: STUDI KOMPREHENSIF PENYELESAIAN SENGKETA PEMILIHAN TAHUN 2024 DI PROVINSI JAWA BARAT

Abstrak

This research presents an in-depth and comprehensive analysis of the dynamics, implementation, and effectiveness of electoral dispute resolution within the context of the 2024 simultaneous Regional Head Elections (Pilkada Serentak) in West Java Province. The study aims to evaluate the performance of the West Java Provincial Election Supervisory Agency (Bawaslu) in carrying out its quasi-judicial function, with a specific focus on two main dispute taxonomies: Disputes Between Election Participants (PSAP) and Disputes Between Participants and Election Organizers (PSPP). Adopting an empirical legal research (socio-legal research) method combined with doctrinal analysis, the study examines primary data from the 2024 Final Report of the West Java Bawaslu Dispute Resolution Division, as well as analyzes compliance with the regulatory framework of Bawaslu Regulation Number 2 of 2020. The research findings reveal that in 2024, West Java Bawaslu managed 16 requests for inter-participant disputes, predominantly involving campaign props conflicts, all of which were successfully resolved through an expedited procedure mechanism that emphasized restorative justice. On the other hand, there were 14 requests for process disputes, with a significant registration rejection rate (50%) due to the election participants' lack of knowledge regarding material requirements and legal standing. The study also highlights Bawaslu's success in correcting the administrative decisions of the General Election Commission (KPU) through adjudication rulings that granted the petitions in Cimahi City and Bogor Regency, asserting Bawaslu's role as the guardian of substantive justice. This report recommends the necessity of strengthening the capacity of ad hoc mediators, revising regulations related to the dispute threshold, and intensifying legal education for election participants to improve the quality of procedural democracy in Indonesia.