Single candidates: Ensuring a path to victory in local elections

2021 ◽  
pp. 205789112110624
Author(s):  
Muchamad Ali Safa’at

This article analyzes the phenomenon of single candidates in Indonesia's 2020 local elections, where the number increased compared to the previous local elections. Although initially local elections with single candidates were not intended, by a ruling of the Constitutional Court a local election must still be carried out even if there is only a single pair of candidates. The number of single candidates has increased, as it becomes an easier and cheaper way to ensure victory, particularly for incumbents. This condition is strengthened by the culture of political parties that tend to provide support to candidates who possess a greater chance of winning in order to take control of the government and form political cartels. Although presently it has not been indicated that single candidates are a form of oligarchic rule and political dynasty, it may become an easy way to obtain political power.

2016 ◽  
Vol 1 (1) ◽  
pp. 103 ◽  
Author(s):  
Iwan Satriawan ◽  
Khairil Azmin Mokhtar

Within the same group as the USA and India Indonesia is one of the largest democracies in the world. After experiencing authoritarian rule for a few decades since its independence the country finally at the beginning of the twenty first century managed to chart along its new direction along democratic course and values. More than a decade has passed since the democratic transition begun  yet the country still faces various constitutional dilemmas and enigmas. One of organs of the government which has been entrusted to transform the country into a democratic nation is the Constitutional Court. The objective of  this  paper is to provide critical analyses of the role of the Constitutional Court of Indonesia in the process of consolidating local democracy. The scope of analysis is confined to a number of important cases heard by the court on local election disputes from the year 2008  to 2013. The rationale to focus on local election      is because local government provides the second layer of government for this unitary country making the governance more democratic and more in touch with local population. The result of the study is the Constitutional Court through its decisions has created conducive political situation and has provided significant contributions in the process of consolidating local democracy. In spite of limited number of judges and short period of settlement to disputes brought before it the Court have settled all disputes regarding local elections without much delay and complaint. Nevertheless there are some areas  that  need  to  be addressed by the court to enhance its efficiency and effectiveness. A few  factors  have  been identified to be the cause of the problems namely problem of design of structure of the Court, extension of the scope of authority, period of settlement, over-dosis of authority and the breach of  code of  ethics of  the judges.Thus it  is recommended that in order to perpetuate the excellent achievements of the court the institution need to be strengthened by addressing the problems.


2011 ◽  
Vol 7 (1) ◽  
Author(s):  
Simona Kukovic ◽  
Miro Hacek

The paper focuses on a lesser-known political phenomenon observed in Slovenia since the country gained its independence in 1991. At every local election since then, non-partisan candidates and lists—often called independent in the media—have been gaining more votes and increasing support. By analyzing the results of the last five local elections, we manifested that there are three origins of the success of these non-partisan candidates and lists. We also try to ascertain whether non-partisan candidates and lists are truly a product of an anti-party political culture, climate and movements, or whether they are simply another way for political parties to gain political power at local levels of government.


Jurnal Hukum ◽  
1970 ◽  
Vol 26 (2) ◽  
pp. 612
Author(s):  
Widayati

Indonesia is a sovereign country folk. One implementation of the sovereignty of the people is the election that followed by political parties for members of Parliament and members of parliament and individuals for DPD.Political parties are the main pillars of democracy. Establishment of political parties must meet the requirements in accordance with legislation. Terms of founding a political party regulated under Article 2 of Law No. 2 of 2008 on Political Parties.As the main pillar of democracy, political parties should be able to carry out its functions properly. There are some restrictions on political parties, among others, are prohibited from engaging in activities contrary to the Constitution of 1945 NRI and legislation; engage in activities that endanger the integrity and safety Homeland. If the ban is violated, then the government may ask the parties to the freezing of the District Court. If the parties do not accept the decision of freezing the District Court, it can be appealed to the Supreme Court. If the Supreme Court confirmed the decision of the PN, then the Government may propose the dissolution of the parties to the Court.The procedure by which parties to the Court daitur dissolution under Article 68 paragraph (1) and (2) of Law No 24 of 2003 on the Constitutional Court. Constitutional Court's decision regarding the request for the dissolution of political parties must be decided upon within a period of 60 (sixty) days after pemoohonan recorded in the Register of Case Constitution.Keywords: Parati dissolution of political, constitutional systemIndonesia


2021 ◽  
Vol 8 (2) ◽  
pp. 257
Author(s):  
Sulistyani Eka Lestari ◽  
Ahmad Siboy

The number of political parties continues to increase from time to time. Ironically, the establishment of a political party is not based on the desire to carry out the functions of political education, political recruitment, and political regeneration. It is only to fulfill the desire for the power of a group of political elites. This research aims to analyze the need to simplify the number of political parties and determine the ideal simplification design of political parties This research used normative juridical research with statutory, historical, and conceptual approaches. The results indicated that political party simplification is needed for creating effectiveness and efficiency, minimizing segmentation or the emergence of friction among Indonesian citizens, preventing voter confusion, and maintaining political stability. Meanwhile, the ideal design to simplify political parties that can be executed is through submitting the dissolution of political parties to the Constitutional Court (Indonesian: Mahkamah Konstitusi (MK)) by expanding the criteria for those who can propose for dissolution (legal standing), imposing strict sanctions, implementing a moratorium on permits for the establishment of new parties, and extending the authority of the government to unilaterally dissolve political parties, such as the power to dissolve banned community organizations.


Author(s):  
Sodikin Sodikin

Pemilihan kepala daerah merupakan salah satu proses politik yang dapat dikatakan proses yang sangat demokratis, sehingga pemilihan kepala daerah perlu terus diupayakan agar proses demokrasi itu menjadi bagian dalam sistem pemerintahan pada tingkat daerah. Pelaksanaan pemilihan kepala daerah setelah amandemen UUD 1945 dilakukan secara melalui pemilihan umum. Akan tetapi, pelaksanaannya menimbulkan permasalahan,terutama adalah konflik sosial secara horizontal di masyarakat dan juga kepala daerah yang dipilih tidak menghasilkan kepala daerah apa yang diidealkan dari pemilihan kepala daerah secara langsung. Dengan menggunakan metode deskriptif normatif dapat disimpulkan Pemilihan kepala daerah yang sekarang dilaksanakan secara langsung dan akan terus dilaksanakan secara langsung dan serentak, tidaklah sesuai dengan apa yang dikehendaki dalam Pasal 18 ayat (4) khususnya dan umumnya UUD NRI 1945. Penulis merekomendasikan agar pembentuk undang-undang (DPR dan Pemerintah) dalam membuat undang-undang untuk mengatur pemilihan kepala daerah disesuaikan dengan UUD NRI 1945, untuk menghindari kemungkinan diujimaterialkan ke Mahkamah Konstitusi. Hal ini termasuk undang-undang Pemilihan Kepala Daerah yang sekarang sudah diundangkan.<p>Local election for regional leaders is one of the political process that can be said to be a very democratic process, so that the local elections should be fostered so that it becomes part of the democratic process in the system of governance at the regional level. Implementation of local elections after the amendments of the 1945 Constitution is conducted through elections. However, its implementation has caused problems, particularly horizontally social conflict in the society and moreover the elected regional leaders are not what is idealized by the direct election of local leaders. By using descriptive- normative method, it can be concluded that the current implementation of local election for regional leaders which will be conducted directly and simultaneously, is not correspond with what the Article 18 paragraph (4) stipulates and generely with the 1945 Constitution. Therefore, legislators (House of Representatives and Government) in making laws- especially one that regulated the local elections for regional leaders, need to seek the conformity with the 1945 Constitution, to avoid the possibilty it being submitted to the Constitutional Court for judicial review. This includes the law on local election for regional leaders which has been enacted.</p>


Author(s):  
Malcolm Crook

Designated candidates seeking office play a central role in elections today, so it is a surprise to discover that in the past voters were free to name whom they wished on their ballot papers. In France, their choice was only restricted when declared candidatures were required for election to the Chamber of Deputies after 1889, though this liberty lasted much longer when it came to local elections. This raises the question of how individuals aspiring to office put themselves forward, in the absence of manifestos or publicity, when their talents were supposed to speak for themselves. Indeed, before the French Revolution, and even afterwards, to openly seek election was regarded as a disqualification, though this created confusion as votes were widely dispersed and those elected often declined to serve. Yet the reluctance to abandon this approach was not simply attachment to tradition, rather it constituted an assertion of the voters’ sovereign right to exercise an unfettered electoral choice, and to reject those offered to them as official candidates by the government or as the nominees of political parties.


PERSPEKTIF ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 298-317
Author(s):  
Gary Timothy Hasian Purba ◽  
Subhilhar Subhilhar ◽  
Hatta Ridho

The purpose of this study was to analyze a single candidate pair in the regional head election of Pematang Siantar City in 2020. The purpose of this study was to explain why there was a single candidate pair in Pematang Siantar City. The legality of the Constitutional Court Decision number 100/PUU-XII/2015 is a legal force to uphold the meaning of democracy in political contestation, in this case regional head elections. Besides that, the essence of democracy which promises freedom to be elected and to vote is an additional power to bring up a single candidate pair. The failure to regenerate political parties is another trigger for the emergence of a single candidate pair in the post-conflict local election. Not only in Pematang Siantar City but also throughout Indonesia. The method used in this research is descriptive qualitative with interview instruments involving political party administrators and political observers in Pematang Siantar City in addition to references to single candidate pairs. The weak cadre of political parties with the presence of wholesale parties makes incumbents not get support in Pematang Siantar City. The legal power of the Constitutional Court's decision and the meaning of democracy to be elected and voted made the single candidate pair in Pematang Siantar City win the post-conflict local election against an empty box.


Solusi ◽  
2019 ◽  
Vol 17 (2) ◽  
pp. 94-105
Author(s):  
Johansyah Johansyah

The Constitutional Court is the executive branch of the judiciary that is independent and separate from other branches of power, namely the government (executive) and legislative institutions. The Constitutional Court as a first and last level judiciary does not have an organizational structure as large as the Supreme Court which is the peak of a judicial system whose structure is vertically and horizontally covers five judicial environments, namely the general court environment, the state administrative court environment, the religious court environment, and military court environment. As an organ of judicial power that operates the judicial function, the Constitutional Court is independent, both structurally and functionally. The functions and authorities of the Constitutional Court based on Law No. 24 of 2003, namely the Constitutional Court has the authority to hear: Test the laws against the Republic of Indonesia 1945 Constitution; Decide on authority disputes between state institutions whose authority is granted by the Republic of Indonesia 1945 Constitution; Decide the dissolution of political parties; Decide disputes about election results; Give a verdict on the opinion of the House of Representatives that the President and / or Vice-President are suspected of violating the law in the form of treason, corruption, bribery, other serious crimes, or despicable acts, or no longer fulfill the conditions as President and or Vice President, as intended in the Republic of Indonesia 1945 Constitution.


2016 ◽  
Vol 13 (2) ◽  
pp. 379
Author(s):  
R. Nazriyah

The phenomenon of a pair-single candidate threatens delays in the implementation of simultaneous Regional Head Elections in some districts until 2017. Although the Commission extends the registration period of candidates to avoid the delay of elections simultaneously, there are still some districts that have a single candidate. The law on elections has not set the provisions definitely regarding what should be done if there is the phenomenon of a single candidate. Finally the parties who feel aggrieved the rights had filed a judicial election law to the Constitutional Court (MK) to find solutions to these issues. In its decision, the Court considered that the Act mandates the election as the executor of the sovereignty of the people to elect regional heads directly and democratically. Thus, the local elections should ensure the realization of the highest power in the hands of the people. In addition, the Court also considers the formulation of norms of Law No. 8 of 2015, which requires the presence of more than one pair of candidates does not provide a solution, which led to the legal vacuum. This can result in absent of holding the elections. Local elections which are only followed by a single pair of candidates, the mechanism selection is to determine whether the “Agree”  or “Disagree” with   the prospective partner. If it turns out the people’s voice is more to select “Agree” then the candidate is designated as regional head and deputy head of the selected district. Conversely, if it turns out the people’s voice is more to select “Disagree” then in such circumstances the election is postponed until the next local elections simultaneously.


2018 ◽  
Vol 31 (2) ◽  
pp. 201
Author(s):  
Ali Sahab

Voter turnout in local elections (pilkada) is a participation indicator. The local election in 2015 was different from the local elections pre-2015, as the local election in 2015 was held simultaneously. Regional electoral commissions (KPUD) gave candidates campaign facilities like posters, banners, and debates with the other candidates on local television. This socialisation was expected to increase voter turnout. The purpose of this research to ascertain the level of voter turnout in the local election held in 2015 in Lamongan, and whether it is increasing or declining.KPUD has a new role not only to do with socialisation, but KPUD must also print campaign props in line with the fairness principles. The research methods used in this study were a survey and multistage random sampling for the sampling technique. The voter turnout in the 2015 local election was just 60.47% lower than the voter turnout of the 2014 legislative election(Pileg) that reached 71%. In the local election, the emotional bond between the voters and candidates is more powerful than that in a legislativeelection, but in the Lamongan local election 2015, it was not positively correlated. There are two main factors that influence the decrease of voter turnout. First, is the material orientation of the voters (sangu). If they do not get“Sangu”, they will not vote and they prefer to work in the fields. Voters thought that leaving their job for the election should get them substitution money. Second, was the indication of cartel politics, embracing all political parties in Lamongan Regency, for them to support the same candidate who was still on duty, namely Fadeli, and two other candidates. The level of voter turnout is influenced by the material orientation of the voters and cartel politics.


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