The Burden of Proof in The examination of Election Disputes Before The Constitutional Court
Keywords:
Election dispute, the burden of proof, the constitutional court, the national election commission, the principle of a fair and honest electionAbstract
The burden of proof in the course of examining the case in court is given to the plaintiff to prove the legality of his suit in accordance with the doctrine of law. Whoever sues, then he has to prove his lawsuit. In examining the lawsuit resulting from the Presidential Election, the Constitutional Court accepted digital materials as evidence from the parties. Digital evidence has not been accepted as evidence that can corroborate the examination process in general courts because the procedural law of the judiciary has not included digital evidence as decisive evidence in proving cases. This research will prove that digital evidence is decisive in the trial process at the Constitutional Court. This research uses normative legal research methods, with written evidence and laws and regulations as a reference.
