期刊名称：Russian Journal of Agricultural and Socio-Economic Sciences
印刷版ISSN：2226-1184
电子版ISSN：2226-1184
出版年度：2021
卷号：111
期号：3
页码：121-131
DOI：10.18551/rjoas.2021-03.14
语种：English
出版社：Russian Journal of Agricultural and Socio-Economic Sciences
摘要：This article results from legal research on exploring the ratio legis for forming a special judicial body for regional head elections in Indonesia. This study aims to find and find legal reasons for regulating the establishment of a special Regional head elections judiciary body in Indonesia. The method used in this research is normative legal research with several approaches, including conceptual approaches, statutory approaches, comparative approaches, and historical approaches. This research concludes that the ratio legis as a reason for the birth of the mandate for establishing a special judicial body in article 157 both in Law Number 8 of 2015 and in Law Number 10 of 2016 is not sufficient. The search for ratio legis, which should be the essence of the subject matter's philosophical content, which is why the emergence of the phrase "the form of a special judicial body," is not too well debated academically. The concept of 'special judicial bodies' emerged and surfaced in the Regional head elections Bill more like a consensus or a "form of compromise" when The Constitutional Court of the Republic of Indonesia and the Supreme Court of the Republic of Indonesia shifted their authority to handle election disputes. It was then that an alternative emerged to form a special judicial body and a form of "way out of the deadlock situation" and as an "exit strategy" after the Constitutional Court Ruling Number 97 / PUU-XI / 2013. From the 'form' aspect of this special judicial body, it is not sufficient to get an adequate portion of the discussion. There is no discussion about what form, jurisdiction, and how the special judicial body's operation mechanism is concerned. On the aspect of 'form', which is an important "origin of being", there was not enough academic study or discourse before its birth.
关键词：Ratio legis;establishment of a judicial agency specific;election of regional head;Indonesia
