The Principle of Legal Certainty with Justice and Dignity in Dispute Resolution of Village Head Election Results

DOI

10.2991/978-2-38476-531-7_57How to use a DOI?

Keywords

Dispute Resolution of Village Head Election Results; Law Number 3 of 2024 concerning Villages

Abstract

Ensuring legal certainty in the settlement of disputes over the results of the election of the Village Head which has been regulated as limited in Article 37 Paragraph (6) of the Law Number 3 of 2024 concerning the Second Amendment to the Law Number 6 of 2014 concerning Villages. The authority to resolve disputes over election results to the village is given to the executive power (Regent/Mayor). Of course, this is not in accordance with the principles of Indonesian constitutionality where the separation of powers between the executive, legislative, and judiciary, as well as their respective authorities. It is important to be explicitly regulated regarding the settlement of disputes over the results of the village head election. So that the disputing parties get legal certainty and a sense of justice. Relying on these positive legal developments, and departing from the need to reconstruct the dispute resolution framework resulting from the Village Head Election which guarantees legal certainty (clarity of authority, deadlines, procedures, and status of decisions) as well as upholding justice (substantive and procedural). The focus of the study is directed on: mapping norms in Law Number 3 of 2024 concerning the Second Amendment to Law Number 6 of 2014 concerning Villages, along with implementing regulations and regional regulations; second, analysis of administrative practices at the district/city level; Third, the jurisprudence of the PTUN and the judiciary on it to formulate an ideal model that is compatible with the general principles of good governance, the constitutional rights of citizens, and the character of local democracy. Thus, this research is expected to produce a uniform, measurable, and fair dispute resolution procedure, as well as provide normative recommendations for policymakers to improve implementing regulations after the enactment of the Law Number 3 of 2024 concerning Villages.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - M. S. Alfarisi
AU  - Tommy Leonard
AU  - Said Rizal
PY  - 2026
DA  - 2026/01/03
TI  - The Principle of Legal Certainty with Justice and Dignity in Dispute Resolution of Village Head Election Results
BT  - Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025)
PB  - Atlantis Press
SP  - 580
EP  - 593
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-531-7_57
DO  - 10.2991/978-2-38476-531-7_57
ID  - Alfarisi2026
ER  -