Legal Protection of Regional Head Candidates Due to Disqualification in The Regional Head Election Process in Indonesia

Abstract

Background: Regional head candidates consist of regional heads and deputy regional heads who form one unit to advance to win the regional head election, each of whom must fulfill the requirements as regulated in the laws and regulations relating to regional head elections, meaning pairs of regional head and deputy candidates. If a regional head does not meet the requirements, he cannot take part in the next process. The requirements for regional head candidates according to the decision of the Constitutional Court always apply until the regional head candidate pair is inaugurated as regional head, but if one of the candidate pairs violates the requirements as regional head, disqualification will be imposed on the candidate pair, whether they violate it or not. not violate. Purpose: This writing will raise legal protection for pairs of candidates who have been determined as winners by the organizers but if one of the pairs is proven to have violated the conditions that have been determined then disqualification can be carried out for all pairs of candidates, even though those who violate one but not the violation will be affected. Methodology: The research approach is normative legal research by examining and analyzing legal events in determining disqualification and legal protection for candidate pairs who do not violate participant requirements. Bearing in mind that when completing the requirements, each data and document is then combined into one couple, but in the Constitutional Court's decision you have to bear the risk of legal action by the other partner. Findings: This research is to fight for the rights of candidate pairs for regional head and deputy regional head who are jointly running to become regional head who are subject to disqualification as a result of one of the candidate pairs committing a violation of the law as regulated in statutory regulations.