scholarly journals Law and Politics: Study of the Presidential Threshold in the 2019 General Election of Indonesia

2021 ◽  
Vol 3 (1) ◽  
pp. 133-160
Author(s):  
JM Muslimin ◽  
Ahmad Fadoliy ◽  
Wildan Munawar

This study is intended to indicate that Indonesia's electoral system always experiences rapid dynamics in policy development. This study uses empirical normative legal research or a legal research method that uses a set of regulation relating to general elections and the rules of making positive law as reference of norms. Empirical research is also used to observe the results of human behavior in the form of physical archives. The methods are combined with the historical approach: an approach that is carried out by analyzing the debate arguments that occurred in the special committee meeting (Panitia Khusus) of the Election Draft Bill. The result of this research is the decision of the presidential threshold of 20% in the holding of presidential elections of 2019 contains the orthodox legal substance. This is because politically the law of its formation (Law No. 7 of 2017) is full of practical political interests of the ruling parties. Parties consisting of 6 factions gave a dominant opinion which leaned towards the 25% -30% threshold suggested by the government, while the other 4 factions do not agree with the high nomination threshold, because the concept of election must provide free space for each party to nominate their respective presidential candidates. The government had its own agenda to continue and extend the existing incumbent president and prevent the possibility for others. Therefore, in order to protect the agenda, high nomination threshold was proposed. Through content analyses of the regulation it can be stated that the high threshold has logical consequences for holding elections which create an insubstantial election environment and make the political climate in Indonesia unbalanced.

Author(s):  
Marianne S. Ulriksen

In the early 2000s, there was low elite commitment to social protection in Tanzania. Yet, in 2012, the government officially launched a countrywide social safety net programme and a year later announced the introduction of an old-age pension. This chapter explores what explains the change in elite commitment to social protection between the early 2000s and 2015. The analysis takes an ideational approach, and it is shown how the promotion of social protection has been driven by international and domestic institutions with the resources, expertise, and authority to present policy solutions fitting the elite’s general ideas about Tanzania’s development challenges and possible responses thereto. Thus, ideas play an important role in policy development but they may also be vulnerable to political interests that can challenge the long-term sustainability of promoted policies.


2021 ◽  
Author(s):  
◽  
Paki Manukau

<p><b>Policy that affects Māori is not new. It has existed since the first Europeans arrived in New Zealand. Some have been created where Māori are external to its development. Some have been developed based on engagement with Māori but have been influenced by a Eurocentric perspective. Yet others have been developed by Māori for Māori.</b></p> <p>This thesis presents some of the historical, social, and economic factors that have influenced the need for government and non-government organisations to develop policies that are more responsive to the needs and aspirations of Māori. It will also demonstrate that despite a myriad of policy, legislative, and strategic changes that have progressively shifted towards responsiveness to Māori, not much has been achieved statistically, highlighting a need for policies that are significantly different from that which has already been tried. In the current political climate, we find ourselves in an exciting time where the government is endorsing a more Māori worldview philosophy. One that acknowledges that previous policy, legislative and strategic change, has only been minimally effective. Moreover, one that understands that it is imperative to the wellbeing of Māori and, by extension, the social development of New Zealand to develop new policies that will make a significant and lasting positive change for Māori.</p> <p>This thesis aims to understand why organisations find it necessary to develop Māori responsive policies and how Māori policy is formulated and implemented in the current political climate. The associated aims are to identify commonalities and best practices in the development of Māori policy and understand what Māori policymaking involves.</p> <p>This thesis will analyse two examples of Māori policy development and implementation: one from a government agency, the Ministry of Social Development (MSD) and one from a non-governmental organisation, WellStop. MSD and WellStop have proposed to move beyond the perfunctory use of tīkanga and te reo Māori within their organisations and embark on a journey of engagement to embed a Māori worldview, values and processes across the whole of their organisations from leadership to frontline. For MSD, which is one of the largest government organisations in New Zealand, this is no small feat, and WellStop, while it is a smaller organisation, is an industry leader for their sector in combating harmful sexual behaviour.</p> <p>What underpins the process of developing their Māori responsive policies is vitally important. With this in mind, this thesis includes first-hand accounts from Hohepa Patea, the Principal Māori Advisor for MSD, and Mark King, the Chief Executive Officer for WellStop. Their contribution to this thesis has revealed many commonalities in the development of the Māori policies for both organisations.</p> <p>The findings show that while MSD has been influenced to develop policies that are responsive to Māori due to governmental aspirations to address Māori social and economic conditions reflected in negative statistics, WellStop is influenced by the parameters set by the expectations of government organisations, the standards set by Level 2 accreditation (Ministry of Social Development, 2020 (a)), and professional registration bodies (Social Workers Registration Board, n.d. (1); New Zealand Association of Counsellors - Te Roopu Kaiwhiriwhiri o Aotearoa, n.d. (3)). I will elaborate on the similarities in the stages of development in each organisations’ policies: the use of whakataukī and karakia, whose inspirational words anchor their policies in mātauranga Māori; the establishment of strong Māori leadership, knowledgeable in mātauranga Māori and tīkanga to ensure the policies’ cultural efficacy and to drive the mauri of the policies from the top down; researching each organisations’ previous and current policies that pertain to Māori to understand the past and develop more effective policies; and finally, the merit of utilising tīkanga processes when engaging with Māori staff, whānau, hapū and iwi.</p> <p>What cannot be denied is the influence of Hohepa and Mark’s background knowledge of mātauranga Māori and their heart and drive to see their organisations operate from a Te Ao Māori perspective. Regardless of other influences, they intend to make spaces and places better for Māori whānau who access their services. Hohepa and Mark are clear that embedding a Māori worldview and values across their organisations is the primary focus. One of the most crucial common denominators in both organisations’ policies is a clear understanding of the importance of keeping people front of mind to ensure that the policies are developed with a powerful sense of manaakitanga and kaitiakitanga.</p> <p>He aha te mea nui i tenei Āo? Māku e kī atu.</p> <p>He tangata! He tangata! He tangata!Nā Meri Ngāroto</p>


1979 ◽  
Vol 7 (3) ◽  
pp. 211-219
Author(s):  
Teuku Mohammad Radhie

Systematical legal research in Indonesia has only developed in the last few years in conjunction with the implementation of the country's national law development program which is aimed at the creation of a new legal system. Efforts to develop a new and national legal system to replace the existing system inherited from the colonial period actually started as early as 1958 when the government set up the Institute for National Law Development. It is a matter of much regret that despite the good start it made and the favourable atmosphere it enjoyed, the Institute ultimately did not produce any significant results which could form the basis for a new national legal system. The deterioration of the political climate in the sixties made it impossible for the Institute to carry out its task properly.


2021 ◽  
Author(s):  
◽  
Paki Manukau

<p><b>Policy that affects Māori is not new. It has existed since the first Europeans arrived in New Zealand. Some have been created where Māori are external to its development. Some have been developed based on engagement with Māori but have been influenced by a Eurocentric perspective. Yet others have been developed by Māori for Māori.</b></p> <p>This thesis presents some of the historical, social, and economic factors that have influenced the need for government and non-government organisations to develop policies that are more responsive to the needs and aspirations of Māori. It will also demonstrate that despite a myriad of policy, legislative, and strategic changes that have progressively shifted towards responsiveness to Māori, not much has been achieved statistically, highlighting a need for policies that are significantly different from that which has already been tried. In the current political climate, we find ourselves in an exciting time where the government is endorsing a more Māori worldview philosophy. One that acknowledges that previous policy, legislative and strategic change, has only been minimally effective. Moreover, one that understands that it is imperative to the wellbeing of Māori and, by extension, the social development of New Zealand to develop new policies that will make a significant and lasting positive change for Māori.</p> <p>This thesis aims to understand why organisations find it necessary to develop Māori responsive policies and how Māori policy is formulated and implemented in the current political climate. The associated aims are to identify commonalities and best practices in the development of Māori policy and understand what Māori policymaking involves.</p> <p>This thesis will analyse two examples of Māori policy development and implementation: one from a government agency, the Ministry of Social Development (MSD) and one from a non-governmental organisation, WellStop. MSD and WellStop have proposed to move beyond the perfunctory use of tīkanga and te reo Māori within their organisations and embark on a journey of engagement to embed a Māori worldview, values and processes across the whole of their organisations from leadership to frontline. For MSD, which is one of the largest government organisations in New Zealand, this is no small feat, and WellStop, while it is a smaller organisation, is an industry leader for their sector in combating harmful sexual behaviour.</p> <p>What underpins the process of developing their Māori responsive policies is vitally important. With this in mind, this thesis includes first-hand accounts from Hohepa Patea, the Principal Māori Advisor for MSD, and Mark King, the Chief Executive Officer for WellStop. Their contribution to this thesis has revealed many commonalities in the development of the Māori policies for both organisations.</p> <p>The findings show that while MSD has been influenced to develop policies that are responsive to Māori due to governmental aspirations to address Māori social and economic conditions reflected in negative statistics, WellStop is influenced by the parameters set by the expectations of government organisations, the standards set by Level 2 accreditation (Ministry of Social Development, 2020 (a)), and professional registration bodies (Social Workers Registration Board, n.d. (1); New Zealand Association of Counsellors - Te Roopu Kaiwhiriwhiri o Aotearoa, n.d. (3)). I will elaborate on the similarities in the stages of development in each organisations’ policies: the use of whakataukī and karakia, whose inspirational words anchor their policies in mātauranga Māori; the establishment of strong Māori leadership, knowledgeable in mātauranga Māori and tīkanga to ensure the policies’ cultural efficacy and to drive the mauri of the policies from the top down; researching each organisations’ previous and current policies that pertain to Māori to understand the past and develop more effective policies; and finally, the merit of utilising tīkanga processes when engaging with Māori staff, whānau, hapū and iwi.</p> <p>What cannot be denied is the influence of Hohepa and Mark’s background knowledge of mātauranga Māori and their heart and drive to see their organisations operate from a Te Ao Māori perspective. Regardless of other influences, they intend to make spaces and places better for Māori whānau who access their services. Hohepa and Mark are clear that embedding a Māori worldview and values across their organisations is the primary focus. One of the most crucial common denominators in both organisations’ policies is a clear understanding of the importance of keeping people front of mind to ensure that the policies are developed with a powerful sense of manaakitanga and kaitiakitanga.</p> <p>He aha te mea nui i tenei Āo? Māku e kī atu.</p> <p>He tangata! He tangata! He tangata!Nā Meri Ngāroto</p>


2020 ◽  
Vol 6 (1) ◽  
pp. 56
Author(s):  
Saeful Kholik

Law Number 23 Year 2014 concerning Regional Government expressly wants that in this era of centralized regional government system towards decentralization, regional government and the community as well as all stakeholder components. The government must be able to direct various policies in the form of a framework for the implementation of regional autonomy policies at a point of accelerating the welfare of society through improving public services and optimizing the participation of the community in the process of regional autonomy in development.The author in this study wants to examine and analyze further the urgency of regional development planning in the era of regional autonomy and the obstacles and strategies for implementing regional development plans in the era of regional autonomy.The research method used is normative legal research, namely legal research carried out by examining library materials or secondary legal materials while the problem approach is carried out using a legal approach and conceptual approach.Development planning in a country or society that can be cultivated starting from the economy, natural resources. Human Resources and Infrastructure because the output of regional development planning is that local governments must encourage the achievement of a development plan based on regional planning. The preparation of the plan will always face obstacles in the form of unwillingness and the inability of the compiler to capture the philosophy and autonomization of the region. Keywords: Regional Government, Policy, Development Planning.


2020 ◽  
Vol 1 (1) ◽  
pp. 137-142
Author(s):  
Ni Kadek Nilawati Dwi Cahya ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara

Indonesia is a rule of law which gives relief to prisoners every year, referred to as remission, is a policy of the government in order to reduce criminal penalties for each suspect caught in criminal law. Remission is given to those who during the sentence meet the provisions as people who are entitled to remission as well-behaved, and comply with any applicable regulations at the place of punishment. For someone who during his sentence is always against the rules cannot be given a remission. This study aims to determine the regulation of reducing the criminal period and determine the provision of remissions for narcotics offenders. The research method used is a type of normative legal research conducted by the method of recording and assessment based on legal materials. Researchers study and gather information through legal science books without deviating from positive law in order to conclude a conclusion. The implementation of the remission for narcotics offenders, namely the determination of the remission, is carried out by the decision of the head of the regional office on behalf of the minister, after issuing the stipulation of the head of the regional office must submit a report on the determination of the reduction of the criminal period to the minister of the Ministry of Justice and Human Rights cq. Directorate General of Corrections.


Author(s):  
I Putu Gede Darmawan Hadi S

Currently, the policy made by the government will always support the political interests of the government itself, regardless of the interests of the community. A good policy is a policy that can respond and meet the interests, aspirations and social needs of the community so that all aspects must work together. In addition, government policy is expected to prevent violations of the law, because efforts to prevent violations of the law is better than crack or Hank dropped punishment to the offender. By building a national integrity system in government institutions is very useful for the fight against corruption in various forms at various levels. Attorney as law enforcement also plays a role in combating corruption should respond actively so that the desires of society so that the level of corruption in Indonesia decreased can be realized. Criminal punishment to the perpetrators of corruption is a form of repressive law enforcement response, the law does not consider the interests of those who governed / regulated by these laws. This study uses the method of normative legal research, which aims to identify and understand more deeply about the role of the Prosecutor in preventing corruption as well as people's expectations and understanding of the policies applied to the Prosecutor to support the government in preventing corruption. Saat ini, kebijakan yang dibuat pemerintah akan selalu mendukung kepentingan politik pemerintah itu sendiri, terlepas dari kepentingan masyarakat. Kebijakan yang baik adalah kebijakan yang dapat merespon dan memenuhi kepentingan, aspirasi dan kebutuhan sosial masyarakat sehingga segala aspek harus bekerja sama secara bersinergi. Selain itu, kebijakan pemerintah diharapkan mampu mencegah terjadinya pelanggaran hukum, karena upaya pencegahan terjadinya pelanggaran hukum lebih baik dari pada menindak atau mejatuhkan hukuman bagi si pelanggar. Dengan membangun sistem integritas nasional pada lembaga-lembaga pemerintahan sangat berguna untuk upaya melawan korupsi dalam berbagai bentuk di berbagai tingkatan. Jaksa selaku penegak hukum yang juga berperan dalam memberantas tindak pidana korupsi haruslah merespon secara aktif sehingga keinginan masyarakat supaya tingkat korupsi di Indonesia menurun dapat terwujud. Penjatuhan pidana kepada pelaku-pelaku korupsi merupakan salah satu bentuk respon penegakan hukum secara represif, yaitu hukum yang tidak memperhatikan kepentingan orang-orang yang diperintah/diatur oleh hukum tersebut. Penelitian ini menggunakan metoda penelitian hukum normatif, yang bertujuan untuk mengetahui dan memahami lebih mendalam tentang peran Kejaksaan dalam mencegah terjadinya korupsi sebagaimana harapan masyarakat dan memahami tentang kebijakan-kebijakan yang diterapkan Kejaksaan untuk mendukung pemerintah dalam mencegah korupsi.


2016 ◽  
Vol 12 (2) ◽  
pp. 277
Author(s):  
Sigurbjörg Sigurgeirsdóttir

This research seeks to explain a landmark change in the provision of public services for people with disabilities in Iceland. Public policy has for long been characterized by incremental changes. Every now and then, major policy changes take place and longstanding policy objectives pushed by interest groups come through. Agenda-setting theories seek to explain major policy changes by focusing on how and why a policy issue gets on governments ́ agenda at a given point in time. The American political scientist, John W. Kingdon, presented his theory of three streams and the window of opportunity some 30 years ago. European scientists maintain in their recent research that Kingdon ́s approach is helpful in shedding light on how the political system in which public policy-making takes place operates and how behaviour and strategies of those participating in the process influence the outcome. This qualitative research examines how the idea about user-driven personal assistance came to fruition in Iceland. The study is based on existing data and interviews with key people involved in the policy development leading to the decision to implement the programme of user-driven personal assistance. The research describes how and why this idea reached the government agenda and came to be implemented by Icelandic authorities. The conclusions show how the process of decentralisation opened opportunities for a new ideology which benefitted service users, and business as well as political interests. The conclusions indicate that not only was there a right man at the right place at the right time, but it provides theoretical explanations about what characterises policy entrepreneurs and how and why their activities matter in times of uncertainty.


2019 ◽  
Vol 2 (1) ◽  
pp. 24-34
Author(s):  
BAMBANG HERMAWAN

No details the authority owned by the Vice President could potentially lead to legal uncertainty. Whereas in the construction of the position incumbent of the position of the Vice President has a position that is very fundamental research purposes in writing this is to know the authority of the Vice President in the Organization of the Government and To knowing the implementation authority Vice President in organizing the Government. In this study the normative legal research using methods based on relevant legislation and other legal materials related to the substance of the research, then connected with problems in This research. Research results show that the authority of the Vice President is not set explicitly in the legislation. Authority of the Vice President are only found by analyzing the legislation. ' Where there are 3 Vice Presidential Authority: the authority of the Vice President as the representative of the President, the powers of the Vice President As President, the Maid Authority of the Vice President as successor to the President whereas the implementation authority Vice President subject to the authority of the source.  Source  from authority of the attribution of the implementation authority Vice President gained the authority directly by the 1945 Constitution and its implementation without going through intermediaries. For the delegation of authority then the implementation authority in advance must there is a delegation of authority that has the force of law so that the execution of the authority of the Vice-president can be strengthened by positive law in order to set up and defend it.


2020 ◽  
Vol 1 (4) ◽  
Author(s):  
Irfan Jamallullail

Amendment to Law Number 12 of 2011 concerning Formation of Laws and Regulations through Law Number 15 of 2019 which came into force since it was promulgated on October 4, 2019 (Amendment to the PPP Act) has given rise to a new nomenclature of institutions that conduct government affairs in the field of legislation formation. The name of the body is the National Regulatory Body. The research method used is a qualitative research method that is normative legal research with a focus of research that is discussing the politics of law of forming a national regulatory body. The substance in Law number 15 of 2019 is the existence of a new institution that organizes government affairs in the field of the formation of legislation. The agency in the Amendment to the PPP Act, among others, has the function or task of coordinating the preparation of Prolegnas within the Government, coordinating the planning of the drafting of PPs, coordinating the harmonization, rounding up, and consolidating the conception of a draft bill originating from the President, coordinating the preparation of deliberations for the Draft Bill with the Parliament, coordinating the harmonization, rounding up, and consolidating the conception of the bill originating from the President and strengthening the conception of the RPP, coordinating the harmonization, rounding and consolidation of the draft Perpres, enacting legislation in the Official Gazette of the Republic of Indonesia or the Official Gazette of the Republic of Indonesia.


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