TINJAUAN MENGENAI PERBUATAN MELAWAN HUKUM TERHADAP PENYELESAIAN SENGKETA HASIL PEMILIHAN SERENTAK BAKAL CALON KEPALA DESA

(Studi Putusan Nomor: 137/Pdt.G/2023/PN Kbu)

Abstract

An unlawful act is an act that violates statutory regulations, an act that conflicts with the rights of another person, an act that causes harm to another party, and of course the party who commits the act must compensate the party who has suffered the loss. Article 26 of Law Number 6 of 2014 concerning Villages explains that the duties of the village head are to organize village government, carry out village development, empower village communities, and develop the lives of village communities. The problem of this research is the form of unlawful acts between the plaintiff and the defendant regarding the resolution of disputes over the results of the simultaneous election of village head candidates as well as the judge's considerations in resolving disputes over the results of the simultaneous election of village head candidates. The research method uses a normative juridical approach, namely research carried out by reviewing applicable legislation and an empirical approach carried out by looking at the reality in the field, in the form of interviews to be applied in order to answer problems related to the research problem. The results of this research show that the form of unlawful action that occurred in Decision Number 12/Pdt.G/2023/PN Kbu was because there was a mistake made by the defendant to the plaintiff, namely by providing additional selection of village head candidates outside the provisions relating to procedures for selecting heads. villages that have been regulated in the North Lampung Regent's Regulations. Then the judge's consideration in deciding the case in Decision Number 12/Pdt.G/2023/PN Kbu was that the Bumi City District Court had no authority to resolve this case because it did not meet the formal requirements regarding absolute competence and there were no plaintiff's arguments that clearly explained the basis the law and events underlying the lawsuit. Therefore, the judge decided that the lawsuit did not meet the formal requirements of a lawsuit and was considered obscuur libel, so that the defendant's exception was granted and the lawsuit submitted could not be accepted.