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Journal articles on the topic 'Electoral disputes'

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1

Chornenkyy, Vitaliy. "ВИБОРЧІ СПРАВИ, ЯКІ НАЛЕЖАТЬ ДО ЮРИСДИКЦІЇ СУДІВ УКРАЇНИ: ПОНЯТТЯ ТА ВИДИ". Visnyk of the Lviv University. Series Law, № 77 (12 грудня 2023): 168–81. http://dx.doi.org/10.30970/vla.2023.77.168.

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Electoral cases play an important role among the court cases which, after the constitutional reform of justice in 2016, fall within the jurisdiction of Ukrainian courts. Nevertheless, as of today, electoral cases as a legal phenomenon that includes various categories of cases remain outside the attention of the scientific community. The lack of attention of the scientific community, together with the constitutional reform of justice, which has changed the national approach to the jurisdiction of courts, makes it important to study the concept and types of election cases in Ukraine. The generic
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Benson, George Hikah. "Electoral Dispute Resolution in Ghana since 1992: An Assessment of the Role of the Judiciary Arm of State." Journal of Advanced Research in Social Sciences 5, no. 4 (2022): 35–64. http://dx.doi.org/10.33422/jarss.v5i4.616.

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Since becoming a constitutional democracy in 1993, many electoral disputes have arisen in Ghana following elections, with both state and non-state agencies playing key roles in the resolution of these disputes at the levels of general elections, bye-elections, assembly elections, inter alia. The focus of this paper, however, is an examination of the effectiveness of the electoral dispute resolution role of the judiciary arm of state, as mandated under Articles 64(1) and 99(1) of the 1992 Fourth Republican Ghanaian Constitution. Additionally, this paper seeks to identify the underlining causes
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Skochylias-Pavliv, Olha. "European experience in hearing and resolving electoral disputes in administrative justice." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 37 (2023): 188–94. http://dx.doi.org/10.23939/law2023.37.188.

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The research is devoted to the study of the European experience of hearing and resolving electoral disputes in the administrative justice system. The availability of a national system of effective consideration of disputes concerning legal relations related to the election or referendum process is one of the basic guarantees of free and fair elections. Ukraine is a state that is integrating into the European legal space, thus the European system of standards is of key importance. It is pointed out that the electoral law of most European countries provides for two ways of hearing electoral disp
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Shevchuk, V. A. "Standards for resolving electoral disputes: concepts and their genesis." Uzhhorod National University Herald. Series: Law 1, no. 81 (2024): 160–66. http://dx.doi.org/10.24144/2307-3322.2024.81.1.24.

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Elections are the cornerstone of any democratic society. They represent the voice of the people and the legitimacy of those in power. It should be noted that ensuring democratic stability and maintaining the integrity of the democratic process directly depends on the standards of electoral dispute resolution, and thus the attention paid to this institution is quite obvious and justified. We believe that from the very beginning of democracy, there were also mechanisms to protect and guarantee it. Therefore, in order to analyse the approaches to the concept of standards in electoral dispute reso
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GRÂU-PANŢUREAC, Maria. "Frauda, conflictul şi litigiul electoral." Revista de studii interdisciplinare "C. Stere" 3-4 (15-16) (December 15, 2017): 78–84. https://doi.org/10.5281/zenodo.3358824.

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During the election campaigns, on numerous occasions many frauds are committed. Electoral disputes and conflicts arise both between candidates, between candidates and voters or even among the voters themselves. The misunderstandings which appear during the election campaign may generate electoral disputes, many kinds of conflict which might be followed with lots of frauds. în the following we will try to define these concepts for a better understanding. în general, the concept of electoral conflict can be understood as a disagreement or a contradiction betw
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6

Harahap, Herman. "The Formation of Special Electoral Court Institution: Between Democratization of Regional Head Elections and Institutional Issues." International Journal of Economic, Technology and Social Sciences (Injects) 3, no. 2 (2023): 399–407. http://dx.doi.org/10.53695/injects.v3i2.868.

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The separation between the patterns of resolving election disputes and the separation of institutions for resolving election disputes will ultimately lead to potential legal uncertainty, prolonged settlement, and even dualism of election dispute resolution institutions. Therefore, a more integrative approach is needed in resolving election disputes which includes the idea of forming a special electoral court institution. However, the discourse on the formation of a special electoral court institution requires further discussion regarding the position of the intended special judicial institutio
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7

Syahrul Nugraha Baderung, Sity Rahma Polinggapo, and Roy Marthen Moonti. "Sengketa Pemilihan Umum dan Implikasinya terhadap Stabilitas Ketatanegaraan di Indonesia." Politika Progresif : Jurnal Hukum, Politik dan Humaniora 2, no. 1 (2025): 44–52. https://doi.org/10.62383/progres.v2i1.1286.

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Electoral disputes are a frequent phenomenon in the democratic process, especially in Indonesia. This article analyzes various aspects of electoral disputes, including their causes, impacts and existing resolution mechanisms. These disputes usually arise as a result of alleged violations, fraud or dissatisfaction with election results, which can trigger political tensions and undermine public confidence in the democratic system. This research shows that electoral disputes not only affect the outcome of elections, but also have far-reaching implications for constitutional stability, including t
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8

Shevchuk, V. A. "Standards for resolving electoral disputes in the practice of national courts and the ECtHR." Analytical and Comparative Jurisprudence, no. 2 (April 29, 2025): 232–37. https://doi.org/10.24144/2788-6018.2025.02.31.

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It is indicated that a democratic society is fundamentally based on the electoral process, which reflects the will of citizens and ensures the legitimacy of government institutions. Democratic principles form the basis of a modern constitutional state, and their observance depends not only on the proper organization of elections, but also on effective mechanisms for resolving electoral disputes. In light of this, an urgent and significant task today is to study the systems for protecting electoral rights both at the domestic and international levels. It is noted that the key international inst
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9

Ansori, Mhd. "Penyelesaian Sengketa Pemilihan Umum di Indonesia." Wajah Hukum 3, no. 1 (2019): 74. http://dx.doi.org/10.33087/wjh.v3i1.57.

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The realization of democracy in Indonesia is one of which is carried out by general elections, this is a political contestation which often present disputes.There is a general understanding that effective electoral dispute resolution mechanisms and processes are a “sine qua non” for fair and fair elections.As well as the implementation of the general election system is designed in there is alwayas a possibility of violations that can reduce the quality of general elections, for that as well as the implementation of the general election system, within it is always available a trusted istitution
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10

Erniyanti Erniyanti, Febry Rizky Al Fadilla Sitompul, and Ngatemi Ngatemi. "The Value Of Justice In Dispute Resolution BAWASLU." LITERACY : International Scientific Journals of Social, Education, Humanities 2, no. 3 (2023): 18–31. http://dx.doi.org/10.56910/literacy.v2i3.960.

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Elections in Indonesia have experienced many obstacles, including money politics, data manipulation, deliberately eliminating other people's voting rights, deliberately providing untrue information about themselves or others about a matter required for filling out the voter list, determining the number of ballots printed exceeds the number determined by law, and so on, which causes election disputes. The settlement of legislative election disputes is resolved by Bawaslu, and if an election crime occurs, it will be forwarded to the police. In fact, in resolving disputes in the regional election
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11

Стукаленко, В. А. "ACTUAL ISSUES UNDERSTANDING ELECTORAL DISPUTES." Constitutional State, no. 30 (June 4, 2018): 119–23. http://dx.doi.org/10.18524/2411-2054.2018.30.132873.

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12

Teremetskyi, V., and N. Chudyk. "CASELAW ON RESOLVING ELECTORAL DISPUTES." Scientific notes Series Law 1, no. 10 (2021): 15–19. http://dx.doi.org/10.36550/2522-9230-2021-10-15-19.

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The article is focused on the analysis of the state of caselaw on implementing administrative proceedings for electoral disputes. The scientific achievements of scholars and the caselaw of the Constitutional Court of Ukraine, the Supreme Court, courts of the I and II instances, as well as administrative legislation have been studied. It has been found out that elections have social value, so they are an important part of society, characterize the degree of democratization of the state and are aimed at implementing the constituent power of the people, ensuring active participation of citizens i
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Jennifer, Graceyana, Jenaya Adra Rumondor, and Ryan Giovanni Christianto. "Kedudukan Bawaslu Dalam Menangani Perselisihan Hasil Pemilu : Persfektif Electoral Dan Constitutional Democracy." Awasia: Jurnal Pemilu dan Demokrasi 2, no. 1 (2022): 34–45. http://dx.doi.org/10.55108/awasia.v2i1.113.

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The large number of requests for dispute resolution of the results of the 2019 elections, which were received by the Constitutional Court and must be resolved within a limited time, has prompted the birth of a number of ideas to restructure the authority in handling disputes over election results. This paper aims to provide ideas related to Bawaslu's position in handling disputes over election results using normative legal research methods. From the electoral effectiveness, the existence of the Constitutional Court as an institution that judges disputes over election results is appropriate. Ap
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Yusuf Apriyanto Bantu, Erman I Rahim, and Abdul Hamid Tome. "Analisis Putusan MK No 85/PUU-XX/2022 Tentang Pembentukan Badan Peradilan Khusus Pemilu Ditinjau Dari Teori Kedaulatan Hukum." Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara 1, no. 1 (2024): 51–68. https://doi.org/10.62383/jembatan.v1i1.95.

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This article conducts a normative analysis of the Constitutional Court's Decision No. 85/PUU-XX/2022 concerning the establishment of a special electoral court within the framework of legal sovereignty theory. The objective is to scrutinize the decision's compatibility with the principles of legal sovereignty, emphasizing the universal application of law. The normative method is employed, focusing on legal documents, statutes, and constitutional provisions. The study reveals that the decision's implications raise concerns regarding the universal enforcement of law in addressing complex electora
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Cistac, Gilles. "Justice and Electoral Disputes In Mozambique." Journal of African elections 4, no. 1 (2005): 61–89. http://dx.doi.org/10.20940/jae/2005/v4i1a4.

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16

Kume, Andon. "Reflection on Albanian Legislation Related to the Resolution of Electoral Disputes and Its Approximate with International Practices and Standards." American Journal of Interdisciplinary Research and Innovation 1, no. 3 (2022): 5–10. http://dx.doi.org/10.54536/ajiri.v1i3.827.

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Issues related to the Resolution of Electoral Disputes in the Albanian legislation began to be addressed only after the change of the government system, in the early 90s. The Constitution of the Republic of Albania, approved on November 28, 1998, created the necessary legislative basis for dealing with these issues in accordance with international legal standards. According to the Albanian legislation the Electoral Administration Zone Commissions and the Central Election Commission are responsibly the administrative review of complaints and appeals. The Electoral College as an ad hoc electoral
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Wicitra, Made Widyarini Kusuma, Wijayanto Wijayanto, and Nunik Retno Herawati. "The Urgency of Establishing an Electoral Judicial Institution as an Effort to Strengthen the Electoral System in Indonesia." PERSPEKTIF 13, no. 2 (2024): 346–55. http://dx.doi.org/10.31289/perspektif.v13i2.10699.

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Periodically, every five years, general elections are held as a form of democracy in Indonesia. During elections, political issues are often followed by controversies, conflicts, and disputes in local power competitions. These issues include cheating, money politics, and vote manipulation. The purpose of this study is to encourage the establishment of a permanent electoral court in the constitutional system and in the form of a state institution to handle any existing election results disputes, whether for the presidential election, legislative election, or regional election. To achieve the el
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18

Asrun, Andi Muhammad. "Burden Proof Dilemma of Election Disputes in the Constitutional Court." Journal of Law and Sustainable Development 11, no. 7 (2023): e880. http://dx.doi.org/10.55908/sdgs.v11i7.880.

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Objective: This research study examines the legal underpinnings, the institutional framework of the electoral laws, and the jurisprudence developed by the Constitutional Court of Indonesia in resolving electoral disputes. The study aimed to investigate whether the dispute resolution mechanisms in our electoral system are rigid, costly, and inefficient and serve to hinder justice by emphasizing technicalities at the expense of substantive justice. The evidentiary process is essential in excavating facts and searching for truth in trials. The burden of proof is carried by the plaintiff to prove
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19

Kusadarini, Eny, Anang Priyanto, and Sri Hartini. "The process and role of the judiciary in election administration dispute resolution in Indonesia." Jurnal Civics: Media Kajian Kewarganegaraan 18, no. 2 (2021): 334–44. http://dx.doi.org/10.21831/jc.v18i2.44175.

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Election administrative violations occur at the time of the implementation of the general election by election organizers and contestants. Sometimes, they do not realize that they have committed a violation. Since the general election during the reformation period after the fall of the New Order in Indonesia, there have been frequent violations of election administration resolved through administrative courts through the State Administrative Court. The dispute resolution was carried out after complaints were made through Bawaslu and DKPP as administrative dispute resolution (ADR) institutions
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20

Nyamutata, Conrad. "Electoral Conflict and Justice: The Case of Zimbabwe." African Journal of Legal Studies 5, no. 1 (2012): 63–89. http://dx.doi.org/10.1163/170873812x628124.

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Abstract In recent years, Africa has faced a new form of conflict arising from disputed elections. Incumbents have refused to vacate office after apparently losing elections, triggering violent conflict. Regional organisations have invested considerable political energy to manage these conflicts. Post-electoral conflict accords (PECAs) resulting in power-sharing have been the favoured modus vivendi with regional mediators. However, little attention has been paid to the crucial issue of justice in the management of these disputes. Like most conflicts, electoral conflict centres on perceived inj
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21

Fauzi, Ispan Diar. "Desain Badan Peradilan Khusus Pemilihan Kepala Daerah dalam Rangka Menghadapi Pemilihan Kepala Daerah Serentak Nasional Tahun 2024." Jurnal Adhyasta Pemilu 1, no. 1 (2021): 29–42. http://dx.doi.org/10.55108/jap.v1i1.3.

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This study aims to answer the problems, the formulation and design of the special courts election and the excellences of the special courts election. This was conducted using legal-normative research through conceptual approach. In this study, special court local election are designed as a permanent adjudication court. The judicial jurisdiction under the Supreme Court includes the High Court for the special court of election of the Governor and the District Court for the special court of election of the Regent / Mayor. Special court designed has three assemblies, state administrative dispute a
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22

Horobets, N. S., and N. V. Hlushchenko. "Pecu liarities of applying the practice of the ECHR in the consideration of election disputes in Ukraine." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 577–81. http://dx.doi.org/10.24144/2788-6018.2023.05.103.

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The article is devoted to the peculiarities of the application of the practice of the ECHR in the consideration of election disputes by national courts. It was noted that consideration and resolution of election disputes by the ECHR is a common way for the applicant to protect his electoral rights, but only on the condition that national remedies have been exhausted. It was found that one of the main norms used by the ECHR in cases of violation of election rights is Article 3 of Protocol No. 1 to the Convention on the Protection of Human Rights and Fundamental Freedoms, which guarantees the ri
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23

Jerinić, Jelena. "Form over Substance: Possibilities to Prove Electoral Irregularities under Serbian Law." Central European Public Administration Review 18, no. 2 (2020): 101–20. http://dx.doi.org/10.17573/cepar.2020.2.05.

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The article analyses Serbian legislation and case law applicable to electoral disputes, in particular those relevant to the determination of facts in these disputes, and the potential influence of procedural rules on the efficiency of protection of constitutionally guaranteed electoral rights. Besides Serbian legislation and case law, the analysis leans on the relevant European standards, including the case law of the European Court of Human Rights. The results show that in practice, electoral commissions and courts use a limited circle of means of evidence and that the evidence submitted by c
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24

Pradipta, Arga Mahawira. "The Position of Election Law in Ensuring Regional Political Justice and Stability." Journal of Law and Humanity Studies 2, no. 1 (2025): 15–22. https://doi.org/10.59613/vfzg8f05.

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Elections are a fundamental pillar of democracy, ensuring fair political representation and stability at both national and regional levels. However, challenges such as electoral fraud, weak law enforcement, and political interference continue to undermine electoral justice, particularly in decentralized governance structures. This study examines the position of election law in ensuring regional political justice and stability by analyzing Indonesia's legal framework, institutional mechanisms, and electoral dispute resolution processes. Using a qualitative research method with a literature stud
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Sistyawan, Dwanda Julisa, Retno Saraswati, Lila Tyesta ALW, Novian Uticha Sally, and Marcellus Jayawibawa. "A Comparative Analysis of Mechanisms for Settlement of Election Disputes: Case Studies of Indonesia and South Africa." Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 24, no. 2 (2024): 36–54. https://doi.org/10.30631/alrisalah.v24i2.1610.

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This study provides a comparative analysis of the mechanisms for settling election disputes in Indonesia and South Africa, focusing on transparency, accountability, effectiveness, and efficiency. Despite notable democratic advancements, both nations continue to grapple with challenges that could undermine the legitimacy of electoral outcomes and democratic stability. The research investigates how transparent and inclusive these mechanisms are, the extent of public scrutiny, and the accountability measures in place for responsible parties. It also assesses the timeliness of dispute resolution,
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Sokh, Kateryna. "Mechanisms for resolving electoral disputes in Ukraine." Entrepreneurship, Economy and Law 6 (2019): 192–97. http://dx.doi.org/10.32849/2663-5313/2019.6.35.

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27

Ioseliani, A. "Alternative settlement of disputes in electoral process." Актуальные направления научных исследований XXI века: теория и практика 2, no. 6 (2014): 369–75. http://dx.doi.org/10.12737/6881.

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28

Firdiansyah Putra, M. Farrel, and Ghunarsa Sujatnika. "EQUALITY BEFORE THE LAW IN REGIONAL HEAD ELECTION TRIALS." Cepalo 8, no. 2 (2024): 113–22. http://dx.doi.org/10.25041/cepalo.v8no2.3610.

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General elections and regional head elections are vital expressions of popular sovereignty and democratic representation within the framework of the rule of law. These elections underscore that sovereignty and power reside with the people. However, the electoral process often leads to disputes, which can arise from administrative issues, criminal activities, and the results of vote counting. Consequently, an effective election dispute resolution mechanism is essential, emphasizing the principle of equality before the law for all parties involved, to ensure the integrity of the electoral proces
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Thiankolu, Muthomi. "Role of the Courts in Ensuring Free and Fair Elections in Kenya." Kabarak Journal of Law and Ethics 4, no. 1 (2021): 53–90. http://dx.doi.org/10.58216/kjle.v4i1.175.

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Although the Judiciary has made many decisions that are consistent with the ideal of free and fair elections in the last fifty-six years, its dominant approach to electoral dispute resolution generally entails making superficially sound but disingenuous and deeply flawed decisions. This ‘clever’ approach, referred to as ‘legal sophistry’ in this article, generally entails an inflexible emphasis of legal and procedural technicalities; eschewing or suppressing serious genuine questions regarding the validity and integrity of elections; disingenuous adoption of discreditable case law from countri
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30

Кara-Murza, E. S. "JURISLINGUISTIC POINT OF VIEW ON LEGAL HERMENEUTICS (based on the electoral disputes)." Bulletin of Kemerovo State University, no. 3 (July 28, 2016): 136–42. http://dx.doi.org/10.21603/2078-8975-2016-3-136-142.

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Given the potential for conflict of legal and jurislinguistic hermeneutics, the author examines in this perspective the little-studied object of electorial disputes. The author shows that it is allowed in the interpretation of the universal mechanism of discretion, which is a special legal institute, and in the field of electoral conflict it is manifested as a variant of legal hermeneutics. According to the author, discretion demonstrates the subjectivity of the officialbusiness style/judicial discourse – the property is still poorly taken into consideration in linguistics.
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Alla, Basalaeva. "Concept and types of terms in procedures for resolving election disputes." ScienceRise: Juridical Science, no. 3(9) (September 30, 2019): 23–26. https://doi.org/10.15587/2523-4153.2019.179517.

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In the article, the author established the nature and types of terms for resolving electoral disputes. It is concluded that it is advisable to establish the essence of the term as a legal category; it is used in the consideration and resolution of administrative disputes, including election disputes. It is substantiated that the term must be understood as a certain time period, determined by the calendar date or event, with the onset of which the person arises or terminates the right to act in a certain way. The terms in consideration and resolution of electoral cases are classified according
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Indarto, Ervan Kus, Arya Wanda Wirayuda, Oni Dwi Arianto, Rima Firdaus, and Henry Ufomba. "Election Dispute Resolution and Justice as Fairness: A Study of Regional Head Elections in Indonesia." Jurnal Mengkaji Indonesia 2, no. 2 (2023): 357–73. http://dx.doi.org/10.59066/jmi.v2i2.258.

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Abstract: The concept of justice is still relevant for debate, involving two political and legal perspectives. However, the two met in the context of resolving election disputes. Namely the election justice mechanism to resolve all forms of election disputes. This study will focus on resolving election result disputes, the 2020 Regional Head Election Results Dispute. John Rawls is a philosopher and political theorist who strongly influenced the tradition of justice theory. The concept of justice is offered from criticism of utilitarianism and intuitionism. Justice as fairness is a concept of j
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Ferreira, Luiz Antonio, and Ingrid Vale. "Comportamento eleitoral." Revista Aurora 18 (May 23, 2025): e025009. https://doi.org/10.36311/1982-8004.2025.v18.e025009.

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How have political polarization and ideological disputes affected political behavior in Rio Grande do Norte between 2014 and 2024? This question guides this study through a case analysis of party affiliations and electoral results in Rio Grande do Norte in light of nationally relevant political events. For data collection, the research database of the Superior Electoral Court was used to achieve the following objectives: to analyze the relationship between electoral behavior in Rio Grande do Norte and the national political landscape, and to understand the dynamics of party affiliations and th
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Rakolobe, Mamello, and Hoolo 'Nyane. "The role of the judiciary in the resolution of intra-party conflicts in Lesotho." African Journal on Conflict Resolution 23, no. 2 (2023): 1–21. http://dx.doi.org/10.17159/ajcr.v23i2.17639.

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Political parties play an integral role in modern democracies and are legitimate platforms of contestation for state power. Despite the vital role that political parties play in democratisation, they are often prone to internal disputes. Their internal processes, such as conferences, elections, decision-making and deployments, are often subject to contestation. Conflicts are inherent in political contestation in general and in political parties, in particular. Hence, political parties have several mechanisms for dispute resolution, one of which is the referral of disputes to the courts of law.
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Fathullah, Fathullah, Mohamad Hidayat Muhtar, Yustiana Yustiana, Saharuddin Saharuddin, and Rio Akmal Syahbana. "Constitutional Court’s Role in Regional Head Election Disputes: Substantive Justice and Voting Threshold Challenges." JURNAL LEGALITAS 18, no. 1 (2025): 65–79. https://doi.org/10.33756/jelta.v18i1.30680.

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This study examines the Constitutional Court's authority in resolving regional head election disputes, focusing on its role in ensuring substantive justice and the implications of the vote threshold in Article 158 of the Regional Head Election Law on candidates' constitutional rights. The research employs a normative legal method, utilizing a statutory approach to analyze the Court’s jurisdiction, a case approach to assess key decisions, and a conceptual approach to evaluate the principles of substantive justice in electoral disputes. Primary legal sources include the 1945 Indonesian Constitut
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Gerzso, Thalia. "Judicial resistance during electoral disputes: Evidence from Kenya." Electoral Studies 85 (October 2023): 102653. http://dx.doi.org/10.1016/j.electstud.2023.102653.

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37

Yulianto. "PENYELESAIAN SENGKETA PEMILU; DARI KEWENANGAN SISA MENJADI KEWENANGAN MAHKOTA DALAM PERSPEKTIF SEJARAH HUKUM." Jurnal Keadilan Pemilu 3, no. 1 (2022): 67–82. http://dx.doi.org/10.55108/jkp.v3i1.273.

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Election dispute resolution rules that apply to the execution of elections do not suddenly appear. It is the outcome of a protracted search for a democratic electoral system. As a result, it is essential to investigate the history and development of Indonesia's election dispute settlement mechanisms as well as the legal standards that have been established in the past. This is the normative study and has a historical legal perspective. According to the study's findings, Bawaslu is the sole authority responsible for resolving election-related disputes, and his rulings are final and binding. It
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Akimova, I. L., A. S. Kovalenko, and E. S. Anichkin. "CATEGORIES OF LITIGATION IN CASES OF PROTECTING THE ELECTORAL RIGHTS OF CITIZENS OF THE RUSSIAN FEDERATION." Russian-Asian Legal Journal, no. 4 (December 27, 2021): 4–11. http://dx.doi.org/10.14258/ralj(2021)4.1.

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The article examines the main types of electoral disputes considered by Russian courts in recent years.Illustrated by examples of court disputes on appealing decisions of election commissions on registration orrefusal to register candidates for elections of deputies of legislative (representative) government bodies of the constituent entities of the Russian Federation and local government bodies, senior officials of the constituententities of the Russian Federation (heads of the supreme executive body of state power of the constituententity of the Russian Federation), appeal against the regist
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ZIBLATT, DANIEL. "Shaping Democratic Practice and the Causes of Electoral Fraud: The Case of Nineteenth-Century Germany." American Political Science Review 103, no. 01 (2009): 1–21. http://dx.doi.org/10.1017/s0003055409090042.

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Why is there so much alleged electoral fraud in new democracies? Most scholarship focuses on the proximate cause of electoral competition. This article proposes a different answer by constructing and analyzing an original data set drawn from the German parliament's own voluminous record of election disputes for every parliamentary election in the life of Imperial Germany (1871–1912) after its adoption of universal male suffrage in 1871. The article analyzes the election of over 5,000 parliamentary seats to identify where and why elections were disputed as a result of “election misconduct.” The
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YASUI, KIYOTAKA, and RYO NAKAI. "An Opportunity for Backing Down: Looking for an Electoral Connection to Audience Costs." Japanese Journal of Political Science 17, no. 2 (2016): 168–89. http://dx.doi.org/10.1017/s1468109916000025.

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AbstractThis paper explores the time-inconsistency problem of audience costs in international disputes. The nature of democracy makes it difficult for leaders to back down from earlier diplomatic positions in an international dispute, out of fear of domestic political costs. Few studies have addressed the temporal aspect of such costs. This study argues that election timing impinges on the extent to which the audience cost mechanism works, and consequently, on state conflict behavior. While competitive elections are central to the political accountability inherent in a democracy, voters typica
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Esfandiari, Fitria, and Sholahuddin Al Fatih. "INITIATING A PERMANENT ELECTORAL BODY TO RESOLVE DIGNIFIED ELECTION DISPUTES: ASSESSING THE EFFECTIVENESS OF GAKKUMDU." Yustisia Jurnal Hukum 9, no. 3 (2020): 333. http://dx.doi.org/10.20961/yustisia.v9i3.44437.

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<em>This study aimed to evaluate ineffectiveness in the process of resolving electoral disputes through Gakkumdu in simultaneous elections in 2019. However, in practice there are difficulties in handling the consequences of criminal norms and technical rules which are not clearly formulated, causing differences of opinion in resolving election disputes. The approach method used by the author with normative juridical approach method (legal Research) through literature study using primary legal data namely Law Number 7 of 2017 on Elections, KPU Regulation and Court Decision related to elec
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Borman, M. Syahrul, Siti Marwiyah, Vieta Imelda Cornelis, Irwan Lazuardi, and Phimlikid Kaewhanam. "Model for resolving election violations through Indonesian Election Body and Constitutional Court." Legality : Jurnal Ilmiah Hukum 32, no. 2 (2024): 238–62. http://dx.doi.org/10.22219/ljih.v32i2.33711.

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This study formulates a model for resolving disputes over election violations through the Election Supervisory Body and the Constitutional Court in Indonesia. This research analyses juridical and normative theories, policies, and legal decisions, as well as studies of cases of election violations in 2014 and 2019. This research method uses qualitative research with a grounded theory approach and a normative juridical approach. The data sources comprise primary and secondary legal materials. The results of this study show that 1) Problems with violations of the electoral process and disputes ov
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Mochtar, Zainal Arifin. "Guarding Democracy: Judicial Activism in the Indonesian Constitutional Court Decisions in Regional Head Electoral Disputes." Constitutional Review 11, no. 1 (2025): 36–62. https://doi.org/10.31078/consrev1112.

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This paper examines the extent of judicial activism exercised by the Court in resolving regional head election disputes from 2017 to 2020 and its implications for democratic electoral processes in Indonesia. Through a normative juridical approach and case study analysis of selected Constitutional Court decisions, this study highlights how judicial activism has been used to safeguard democracy. The findings reveal that the Court, in several instances, has expanded its jurisdiction beyond legal norms to address systemic electoral violations, including structured, systematic, and massive fraud. T
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Yanyuk, Natalya. "SPECIFIC REPRESENTATION IN THE ADMINISTRATIVE JUSTICE OF ELECTORAL DISPUTES." Visnyk of the Lviv University. Series Law, no. 60 (September 4, 2014): 212–20. http://dx.doi.org/10.30970/vla.2014.60.291.

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Bisariyadi, Bisariyadi, Anna Triningsih, Meyrinda Rahmawaty H, and Alia Harumdani W. "Komparasi Mekanisme Penyelesaian Sengketa Pemilu di Beberapa Negara Penganut Paham Demokrasi Konstitusional." Jurnal Konstitusi 9, no. 3 (2016): 531. http://dx.doi.org/10.31078/jk936.

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Every country in the world, moreover in every country which has implemented the way of life of democcratic and nation, presume that election is one of the important element as a marker of democracy of the country and also has a practical function of government political as a succession’s tool between the government parties and the oposition parties. In every democratic constitutional state, the election process has a purpose to embody will of the people into pattern of power without violence.The election process will not only be assessed by sticking to the existing legal framework but the laws
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Tsvietkova, Yulianna. "REFERENDUM AS A WAY TO RESOLVE TERRITORIAL DISPUTES: PRO ET CONTRA." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 123 (2022): 56–60. http://dx.doi.org/10.17721/1728-2195/2022/4.123-10.

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The article focuses on the analysis of the application of the direct forms of democracy for the purpose of the resolution of the territorial disputes between the states and the way to determine the fate of the territory in question. The purpose of the article is to analyze theoretical and practical peculiarities of applying a referendum as a mean of resolution of the territorial disputes based on the state and legal experience, western legal tradition doctrine and comparison of its advantages and disadvantages. The research methodology is based on the combination of the analysis and synthesis
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Soroceanu, Igor. "Examination of electoral contestations." Studia Universitatis Moldaviae. Seria Stiinte Sociale, no. 8(178) (December 2024): 137–42. https://doi.org/10.59295/sum8(178)2024_16.

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Challenges and disputes that arise during and after elections are inevitable, often leading to the filing of electoral challenges. Electoral appeals are official complaints submitted by candidates, political parties or voters, who claim that electoral rights have been violated or irregularities have occurred in the electoral process. These appeals can concern various aspects of the elections, from the way the vote was organized and conducted, to the counting of votes and the announcement of the results. The examination of electoral appeals is, therefore, a very important element in achieving i
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Ririhena, Micael. "Kewenangan Bawaslu Dalam Penyelesaian Pelanggaran Administrasi Pemilu." Bacarita Law Journal 4, no. 2 (2024): 112–21. https://doi.org/10.30598/bacarita.v4i2.10921.

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Elections are an important element of democracy. The centrality of electoral positions is their ability to distinguish between democratic and non-democratic political systems. It's just that the ideal of realizing a better election until the 5th election in the 2019 Election Reform era has not yet been realized. Various problems and obstacles in the implementation of elections both during the election and before are problems that will certainly have a broad impact if not immediately resolved properly. There are problems in the administration of elections related to dissatisfaction with the dec
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Raden, Sahran. "The Theory of Fairness with Integrity in Indonesia’s Electoral Justice System." Fiat Justisia: Jurnal Ilmu Hukum 18, no. 2 (2024): 187–204. http://dx.doi.org/10.25041/fiatjustisia.v18no2.3432.

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This paper describes the concept of a fairness theory of justice with integrity applied in elections in Indonesia, drawing on the transformation of John Rawls' fairness theory. This theory is employed to examine various components of the electoral legal framework, focusing on the technical implementation of elections and the resolution of electoral disputes to achieve electoral justice in Indonesia. The research utilizes normative legal methodology, characterized by dogmatic legal analysis and theoretical-rational reasoning, employing a logical-deductive approach. It constructs the facts of el
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Shatnawy, Faysal. "The Competence of the Judicial Authority in Deciding the Validity of Parliamentary Membership." Journal of Arts and Social Sciences [JASS] 6, no. 3 (2015): 31. http://dx.doi.org/10.24200/jass.vol6iss3pp31-46.

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The competence of the judicial authority in deciding the validity of parliamentary membership The law of the election defines the procedure related to the electoral process stage and relevant to voting, sorting and then declaration of the results. It is common for disputes to occur about the validity of the electoral process. Such disputes are called the validity of parliamentary membership, where it is necessary to state the competent authority which shall assume to examine and consider such disputes in the issues of the validity and legitimacy of the membership, so as to ensure non-occupancy
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