scholarly journals Pengusulan Pasangan Calon Presiden Dan Wakil Presiden Sebagai Peserta Pemilu Menurut Undang-Undang Pilpres

2016 ◽  
Vol 3 (2) ◽  
pp. 339-352
Author(s):  
Ahmad Farhan Subhi

Abstract : Nomination of the Candidate Pair of President and Vice President For Participants Election According to the Presidential Election Law. Knowing the legal position of the candidates for President and Vice-President and the Political Parties Elections, namely Knowing setting Political Parties in the nomination of the Candidate Election of President and Vice-President and the timing of the nomination of the candidate of President and Vice President based on legal analysis. It is motivated by the lack of rules regarding the nomination of candidates for President and Vice President of the Law No. 42 Year 2008 on the General Election of President and Vice President, namely in the norm of Article 9 and Article 14 paragraph (2) which do not conform to the norms of Section 22E paragraph (3) and the norm of Article 6A paragraph (2) of the Constitution of the Republic of Indonesia (the 1945 NRI 1945).  Abstrak : Pengusulan Pasangan Calon Presiden dan Wakil Presiden Sebagai Peserta Pemilu Menurut Undang-Undang Pilpres. Mengetahui kedudukan hukum calon Presiden dan Wakil Presiden dan Partai Politik Peserta Pemilu, yakni Mengetahui pengaturan Partai Politik Peserta Pemilu dalam pengusulan Calon Presiden dan Wakil Presiden dan pengaturan waktu pengusulan Calon Presiden dan Wakil Presiden berdasarkan analisa hukum. Hal tersebut dilatar belakangi oleh adanya aturan mengenai pengusulan calon Presiden dan Wakil Presiden dalam Undang-Undang Nomor 42 Tahun 2008 Tentang Pemilihan Umum Presiden dan Wakil Presiden, yakni di dalam norma Pasal 9 dan Pasal 14 ayat (2) yang tidak sesuai dengan norma Pasal 22E ayat (3) dan norma Pasal 6A ayat (2) Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 (UUD NRI 1945).  DOI: 10.15408/jch.v2i2.2324

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Hadi Karyono

<p>Building democracy is not something easy, democracy as a political system has become the choice of our founding fathers. Democracy to this day is still considered to be the best political system of the political system that has ever existed. As the best political system, democracy must be cared for and fostered in order to thrive in our country, the Republic of Indonesia. However, at present, there are many efforts that distort democracy. SARA politics developed by certain groups for example. Besides the hoax news that is repeatedly spread so that it is considered a truth. This ultimately made people including millennials confused. This paper aims to explore more deeply how to build a democratic democracy and the dynamics of the 2019 presidential election. In this paper the literature research method is used. In the discussion it can be concluded that the challenge of the 2019 general election is: how to deal with challenges ahead of the 2019 general election in Indonesia to implement an effective political constellation to build political stability.</p>


2020 ◽  
Vol 1 (2) ◽  
pp. 19-29
Author(s):  
Anak Agung Ngurah Agung Wira Bima Wikrama

Political parties are the only institution that has the right to propose candi- dates for president and vice president as stipulated in Article 6A paragraph 2 of the 1945 Constitution so that they will have power and legitimacy as heads of state and heads of government. These constitutional rights are not owned by any democratic institution other than political parties. However, in the process of holding the general election, it does not always go as expected, as stated in the KPU’s laws and regulations. There were irregulari- ties committed by candidates and by political parties in the form of Money Politics.According to the political dowry event is in the general election area based on the legal principle of Lex specialis derogat legimitation generaly which states that the law is specific (lex specialis) overrides the general law (lex generalis) the Money Politic event is resolved by an institution, namely Bawaslu (General Election Supervisory Board).Besides the Article 6A paragraph 2 of the 1945, there is also Law Number 10 of 2016 concerning the Second Amendment of Law No. 1 in 2015 concerning the stipulation of Perppu (the governmental regulation of low amandement) Number 1 in 2014 according to the governor’s election, regents and mayors, especially in Article 47, Article 187A,Article 187B, Article 187C and Article 187D which regulates general elections. But in reality there are many irregularities in the implementation of the Constitution and etc.Events in the form of political dowry still occured which is evidenced by the infor- mation given by several witnesses and as the victim and perpetrator of the political dowry. Surprisingly, the General Election Supervisory Board (Bawaslu) as an election watchdog institution mandated by the Act to enforce the prevailing regulations is very difficult to carry out its duties, reminding that Bawaslu has weaknesses in handling the alleged polit- ical dowry. The weakness of Bawaslu is that they do not have the power to take witnesses or people who will be questioned.The author argues that there is a need for a legal protection in the form of a law that provides better opportunities to Bawaslu so that the position of Bawaslu as an election supervisory bord can be much stronger.


Al-Qadha ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 59-79
Author(s):  
Irwansyah

Political parties in the constitution of the Republic of Indonesia and the law have constitutionalrights to propose candidates for President and Deputy President. The current electoral systemrequires that before nominating the President and Vice President, political parties must have 20percent of the vote in the legislature / DPR or obtain 25 percent of the national legitimate votes inthe previous general election. With the implementation of this system, not all political parties canpropose candidates for President and Vice President candidates. Then what is the fate of the partythat does not achieve this provision even the new party which is also the first time participating inthe general election. With the application of the nomination threshold in the electoral system inIndonesia, it will certainly restrict or limit the constitutional rights of political parties that do not meet the desired conditions of the threshold


2018 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Denny Arinanda Kurnia

General Election is a means of implementing the sovereignty of the people in direct, general, free, confidential, honest, and fair manner within the Unitary State of the Republic of Indonesia based on Pancasila and the Constitution of the Republic of Indonesia Year 1945. The election has many dynamics, expensive politics, lavish campaign funds for image politics, costly consulting and surveys of winning money, as well as money politics. The disclosure of political parties is highly important in the implementation of the elections due to the many streams of corruption used in the election. As a result, people do not believe in political parties, or some Indonesians are no longer sympathetic to political parties. The idea of a political party's financial transparency regulation should be carefully examined in the Indonesians’ election codification scheme. In the future, Indonesia must have a transparent and accountable campaign or political funding arrangement, along with strong sanctions and binding on the parties involved. Therefore, the people will restore their trust to the political parties, and assure the political parties to channel their aspirations in the granting of rights in the elections.Keywords: Finance; Political parties; Corruption


2015 ◽  
Vol 5 (1) ◽  
pp. 1-32
Author(s):  
Anis Hidayati

Abstract: This article discusses about a Islamic political jurisprudence’s point of view againts campaign for president and vice president election. It is carried out based on Law No. 42 year 2008 concerning with the election of president and vice president. The general election campaign is a sovereign right of the people to produce democratic government based on Pancasila and the Constitution of the Republic of Indonesia (UUD) 1945. The implementation of the general election campaign has a positive effect that is beneficial for the candidates and for the publics to know the candidates they would choose to be a leader. In Islamic political jurisprudence’s perspective, the implementation of the general election campaign for president and vice president can realize the political rights of individuals associated with the right to nominate and the right to occupy a certain post. All of the people and citizens are entitled to gain a guarantee of their human rights (Hurriyah al-shakhsiyyah) before the law and government.Keywords: Campaign, general election, president, Islamic political jurisprudence.


INFERENSI ◽  
2015 ◽  
Vol 7 (1) ◽  
pp. 117
Author(s):  
Syamsuri Syamsuri

This study revealed the phenomenon of mubaligh involvement in political events of the Election of President and Vice President of the Republic of Indonesia, the period from 2014 to 2019. The study took place during the campaign, from the date of June 4, 2014 to July 5, 2014. Through a phenomenology approach, mubaligh in Palu attempted to negotiate among stakeholders power of political parties, relate consolidation among voters, and the description of imaging as political messages to Muslim audiences. Various missionary activities always were used to convey the vision and mission of Candidates for President and Vice President whom they supported. The largest Muslim women organization in Palu, Alkhairaat, together with mubaligh, participated in the political contest


ADALAH ◽  
2019 ◽  
Vol 3 (4) ◽  
Author(s):  
Ida Susilowati

Abstract:The 2019 Presidential General Election is a continuation of the political battle between the two camps, namely the Prabowo camp and the Joko Widodo camp. The two camps have the same strong support, both from the people as voters, as well as the support of political parties participating in the election. After the vote on April 17, 2019, each party claimed to have won the election. Jokowi's camp showed his victory with the results of the Quick Count, while Prabowo's camp showed its victory with the results of their own real count. This debate does not end if the General Election Commission does not immediately announce the results of the general election.Keywords: Presidential Election, Counter Attack, Real Count. Abstrak:Pemilihan Umum Presiden 2019 merupakan kelanjutan pertarungan politik antara dua kubu yaitu kubu Prabowo dan kubu Joko Widodo. Kedua kubu memiliki dukungan yang sama-sama kuat, baik dukungan dari rakyat sebagai pemilik suara, maupun dukungan partai politik peserta pemilu. Pasca pemungutan suara tanggal 17 Agustus, masing-masing pihak mengklaim telah memenangkan pemilu. Kubu Jokowi menunjukkan kemenangannya dengan perolehan hasil dari Quick Count, sedang kubu Prabowo menunjukkan kemenangannya dengan hasil real count yang mereka lakukan sendiri. Perdebatan ini tidak berujung bila Komisi Pemilihan Umum tidak segera mengumumkan hasil pemilihan umum.Kata Kunci: Pemilihan Umum Presiden, Counter  Attack, Real Count. 


2018 ◽  
Vol 6 (1) ◽  
pp. 24-36
Author(s):  
Denny Arinanda Kurnia

General Election is a means of implementing the sovereignty of the people in direct, general, free, confidential, honest, and fair manner within the Unitary State of the Republic of Indonesia based on Pancasila and the Constitution of the Republic of Indonesia Year 1945. The election has many dynamics, expensive politics, lavish campaign funds for image politics, costly consulting and surveys of winning money, as well as money politics. The disclosure of political parties is highly important in the implementation of the elections due to the many streams of corruption used in the election. As a result, people do not believe in political parties, or some Indonesians are no longer sympathetic to political parties. The idea of a political party's financial transparency regulation should be carefully examined in the Indonesians’ election codification scheme. In the future, Indonesia must have a transparent and accountable campaign or political funding arrangement, along with strong sanctions and binding on the parties involved. Therefore, the people will restore their trust to the political parties, and assure the political parties to channel their aspirations in the granting of rights in the elections.


Author(s):  
Sergey Borisovich Glushachenko

The subject of this article is the comparison of the legislation of the Russian Federation and the Republic of Kazakhstan with regards to regulation of the establishment and activity of political parties. Multi-party system became a new phenomenon for both countries at the turn of the XXI century, and one of the tasks faced by the states consisted in its proper normative regulation. History of the countries did not provide adequate source material for the establishment of genuine multi-party system. The political parties basically functioned in the atmosphere of legal vacuum, which attached the attributes of chaos to the political life. Despite the common starting point along with the external similarity of party system in Russia and Kazakhstan, the legislation on parties has national specificity. Kazakhstan's legislation at the constitutional level enshrines the importance of parties for public life of the country. The first law on political parties was adopted in 1996, while the effective law has a different conceptual framework &ndash; it arguably became the product of evolution of the party system and corresponds with its current state. Russian legislation on political parties has a shorter history, and clearly is in a formative stage, which is testified by a number of amendments made to the corresponding federal law. However, the legislation of both Russia and Kazakhstan has a number of advantages that should be considered in further improvement of the normative legal base, which is especially relevant in a time of political transformation that affected both countries.


PERSPEKTIF ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 334-354
Author(s):  
Junedi Lumban Gaol ◽  
Muryanto Muryanto ◽  
Heri Kusmanto

The purpose of this study is to analyze and explain the existence of internal party democracy and the decentralization of party authority in the PDI-P through the Djarot-Sihar election and the basis for consideration of PDI-P carrying out the cadres of the central board of directors as a candidate pair for regional heads at the 2018 North Sumatra Provincial Election. qualitative research with descriptive analysis. This study is intended to describe and explain in depth the level of democracy and decentralization of power and authority of political parties in decision-making, especially in the nomination, determination up to the stage of submitting the Candidates for Governor and Deputy Governor in the General Election of Regional Heads of North Sumatra for the 2018-2023 Period. PDI-P implements a form of internal party democracy with a guided pattern where the General Chair has special authority in determining the form and procedure for administering internal democracy itself which is guaranteed by the Party Charter, Party Articles of Association, and Party Bylaws; The recruitment of candidates for regional heads and/or deputy regional heads is not carried out democratically in accordance with the principles of liberal democracy, where the decision making in the nomination of candidates rests with the General Chairperson of the Party. The determination of Djarot-Sihar as a candidate pair for governor and deputy governor of North Sumatra Province in the 2018 Regional Head General Election was based on party strategic considerations in accordance with the political calculations of the General Chair and party elite ranks.


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