Public Policy and Administration Research www.iiste.org ISSN 2224-5731(Paper) ISSN 2225-0972(Online) Vol.7, No.1, 2017 31 Racio Decidendi Constitutional Court Ruling Resolving Disputes in Regional Head Election Results 2015 Concurrent in East Java Indonesia Nuruddin Hady Faculty of Social Science, State University of Malang, Jalan Semarang 5, Malang, Indonesia Abstract This research seeks to analyze and find racio decidendi Constitutional Court Decision Resolving Disputes in Regional Head Election Results Live, especially in East Java. There are three legal issues raised, namely: (1) racio decidendi Constitutional Court decisions; (2) The applicant juridical arguments and the Constitutional Court; and (3) Implications of Constitutional Court decisions. This research method using legal research methods to approach concepts, the normative approach and the approach of the case.The study found that racio decidendi Constitutional Court Decision Resolving Disputes in Regional Head Election Results Live in East Java, based on a cumulative requirement for the applicant to be able to apply for cases of disputes the determination of votes on election refers to Law No.8 / 2015 on the election of Governors, Regents and Mayors, which rests on four (4) terms, namely; (I) the deadline for filing the petition; (Ii) the applicant's legal standing; (Iii) related to the object of the petition, namely Determination of acquisition results of vote counting in the Election; and (iv) limit the percentage of the difference of votes that absolutely must be met by the applicant.However, in cumulative terms, which became an important point is the percentage limitation on the difference of votes that absolutely must be met for the applicant, which refers to the provisions of Article Article 158 paragraph (2) of Law No. 8/2015, because most of the decision of the Court is relying on the provisions of Article 158 paragraph (2) of Law No.8 / Year 2015, without considering other aspects, such as fraud during the Election Day. Thus, if the request for the applicant does not qualify as specified in Article 158 paragraph (2) of Law No. 8/2015 and Article 6 MPK 1/2015, the request was rejected by the Constitutional Court.Decision of the Court in deciding the case of disputes dispute Election results are final and binding. The implication is rejected the disputed results of local elections Directly in three (3) locations, and reinforces the Regional Commission Decision which sets Sound Acquisition and Results of Election of Regent and Vice Regent of 2015. Keywords: Racio Decidendi, Decision MK, Dispute Election Results Introduction Pemilukada essentially regarded as an expression of democratic practice most perfect, because with direct local elections is expected to bring prospective leaders are known and closer to the people. Theoretically certainly Election immediately provide a very broad space for people to participate actively in determining public officials in their respective regions. Implementation of Election held under Law No. 8 2015 on the Amendment of Law No. 1 of 2015 on Stipulation of Government Regulation in Lieu of Law No. 1 Year 2014 regarding the Election of Governors, Regents and Mayors into law. Article 157 paragraph (1), paragraph (2), and paragraph (3) of Law No. 8 2015 states: "Matters of disputes Election results examined and tried by a special judicial body". Special judicial bodies referred to in paragraph (1) is formed prior to the implementation of the national Electoral simultaneously. Case disputes the determination of votes on Election examined and tried by the Constitutional Court until the establishment of a special judicial body. When referring to the provisions of Article 157 paragraph (3) of Law No. 8 in 2015, then Case disputes the determination of votes on Election examined by the Court prior to the formation of a special court. Pemilukada case is a dispute between the pair of candidates Regional Head / Deputy Head of the region to the Provincial Election Commission, or District/ City Election Commission regarding the determination of votes on the General Election. While the object of the election is the vote count results stipulated by the Provincial/District/City Election Commission are responsible: (i) the determination of candidates who can follow the second round of the General Election; or (ii) election of pair of candidates for regional head and deputy regional head. In addition, the Election process affecting voting for the candidate pair Election violations were systematic, structured, and massive performed before, during, and after voting. Method Legal research by Morris L. Cohen (1992: 1) as cited again by Peter Mahmud Marzuki (2005: 29), namely legal research is the process of finding the law that governs activities in human society. In this study, using the approach to the concept, approach to legislation and case approach. In this study, the concept approach is used to find an idea or ideas that will produce the concept of ratio decidendi of the decision of the Constitutional Court.