KONSTRUKSI DOKTRIN VICARIOUS LIABILITY DAN STRICT LIABILITY DALAM HUKUM ACARA MAHKAMAH KONSTITUSI: ANALISIS PUTUSAN NOMOR 313/PHPU.BUP-XXIII/2025

THE CONCEPT OF VICARIOUS LIABILITY AND STRICT LIABILITY IN THE PROCEDURAL LAW OF THE CONSTITUTIONAL COURT: AN ANALYSIS OF DECISION NO. 313/PHPU.BUP-XXIII/2025

Abstract

Vote-buying in regional head elections poses a systemic threat to electoral democracy. Constitutional Court Decision No. 313/PHPU.BUP-XXIII/2025 establishes a historic precedent by disqualifying all candidate pairs in the 2024 North Barito Regent Election for proven structured, systematic, and massive vote-buying. This study analyzes the distinctive construction of vicarious liability and strict liability doctrines and the rechtsvacuum in electoral legislation regarding attribution of candidate accountability. A normative legal methodology was employed utilizing statutory, case-based, conceptual, and comparative approaches, with prescriptive-interpretive analysis through grammatical, systematic, teleological, and comparative interpretation. The results show that vicarious liability operates on the attribution dimension through structural relationships, while strict liability eliminates mens rea requirement. Both doctrines function simultaneously yet contain inherent doctrinal tension. This study concludes that the Court’s evidentiary model enriches electoral law but requires explicit doctrinal articulation in its ratio decidendi and more comprehensive normative regulation in electoral legislation.