Kampanye Pemilihan Umum Presiden dan Wakil Presiden Perspektif Fikih Siyâsah

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.

SEEU Review ◽  
2017 ◽  
Vol 12 (2) ◽  
pp. 108-120
Author(s):  
David Berat

Abstract The article is about defining ethnic parties and their classification. We define and discuss the terms politics, political party, ethnis group and ethnical party. We state differences about the traditional model of politics and the modern one. We analyze the importance of the political parties in representing the political rights of the people and what is needed so a political party can be established in the Republic of Macedonia. Also we show how to determine which party is an ethnical party and show a number of ethnic parties in Republic of Macedonia using the name of the party as an indicator. In this part we discuss the indicators and we state that good indicator is the program of the election campaign of the party. But still this is not 100% sure indicator if the party is ethnical. We concluded this because there are a lot of examples when the ruling party before the start of the election campaign does a research about the ethnical groups and after the research makes projects meant for the ethnic groups so the party can get the votes from the chosen ethnicity. At the end we concluded that the programs and the statues of the political parties are the best indicators and answer if a political party is a non-ethnical, multi-ethnical or ethnical political party.


2017 ◽  
pp. 95-108
Author(s):  
Parlindungan Sitorus

AbstractPolitical discourse that is being discussed today is Provincial Assembly of the Republic ofIndonesia proposes the fifth amendment of Contitution 1945 that candidates of Presidentand Vice President can be from individual candidate; by offering amendment of paragraph6A article (2) Constitution 1945 to become “Candidate of President and Vice Presidentcome from the proposal of political party of general election participant or from individual”.This discourse actually based on idea to realize democratization in the practice ofpresidential election; that sovereignty is on the people’s hand and to provide the maximumspace for the people who has capability to lead this great nation; and basically all people isequal in front of Law and Governance. Provincial Assembly believes that that proposal iscompatible with democracy principle that related to recognition on people’s right to electand to be elected even without having any political party.Keywords: Individual candidate, People aspiration, Democratization, “Deparpolisasi”


Author(s):  
Rehia K. Isabella Barus ◽  
Armansyah Matondang ◽  
Nina Angelia ◽  
Beby Masitho Batubara

Ahead of the 2019 general election which is divided into two stages, namely the Legislative election and the Presidential election. This event is the right moment to find out the political participation of the people at the grass-roots level while at the same time seeing the interaction between the people in the grass-roots and political parties. The interaction that wants to be seen is what forms of political behavior and community participation at the grassroots, as well as how political parties behave in interacting with this community. Then the important point that is also seen is how political parties behave in involving and seeking to raise support from the community. In the end, through this research, it will be known the quality of political participation from the public and electoral political parties in 2019.


2020 ◽  
Vol 4 ◽  
pp. 85-90
Author(s):  
Elmira Qazvinova ◽  

The Constitution of the Republic of Azerbaijan reflects all the basic principles that characterize a democratic state system. The fundamental law of our country states that the only source of power is the people, and also that the Republic of Azerbaijan is a democratic and legal state, and state power is based on the principle of separation of powers. It is gratifying to note that in addition to political rights, such as the right to elections and referendum, citizens have other opportunities to participate in the exercise of state power, one of which is the right of legislative initiative of citizens.


2020 ◽  
Vol 6 (1) ◽  
pp. 121
Author(s):  
Vishnu Juwono

There were high hopes that Gus Dur, after being appointed by the People Consultative Assembly (MPR) in 1999, would bring significant governance reform and more progressive anti-corruption measures for the first time because two top leaders (Gus Dur and Megawati) were from the opposition in the New Order era. This paper attempts to evaluate the governance reform and anti-corruption measures in 1999–2001. This paper argues that there was a valuable opportunity to push for further governance reforms and a bolder anti-corruption drive, as there was a legitimate political top leadership stemming from the free-and-fair election in 1999 embodied in the appointment of Gus Dur and Megawati Soekarnoputri as president and vice president, respectively, by the Consultative People Assembly (MPR). However, the political bickering and blatant competition over state resources for the election campaign in 2004 underlying Indonesia’s former government led to a setback in several governance reform areas, including judicial reform.


Author(s):  
José Luis García Guerrero

The present Project contains a complete synthesis of the constitutional Spanish jurisprudence. The author considers that the right to freedom and the political rights are grouped around three or four genres. It identifies, between those, the freedom of communication that the constitutional assembly and the constitutional jurisprudence have extended to all sorts of activities. After this assumption, the project is focused on giving a view of the freedom of communication from the point of view of the differences between the freedom of information and the freedom of speech in a strict way. After defending a legal nature which protects all kinds of communications and which can be exercised by all sorts of chaps; it is rejected that the institutional offshoot explains the really different limitations that several messages introduce, wide restrictions regarding commercial speech or pornography and dropped ones regarding politics. The argument which is proposed for its justification is based on the different systematic connections that are originated between the constitutional rules by the different matter and the purpose pursued by the messages, and, when this yardstick is insufficient, it is complemented with the concept of relevance or public interest, the one which is pretended to be refined. The exercise of that freedom by journalists and maximizing the professional diligence reinforce the freedom of communication when it has to be pondered with other rights or constitutional goods. In Spain, the affair Terminello versus Chicago is considered as a worth yardstick to solve conflicts with the public order.


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.


2020 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Agus Salim ◽  
Asip Suyadi

Indonesia is a democratic country. Every citizen has political rights guaranteed by the 1945 Constitution of the Republic of Indonesia.Protection of political rights as a human right owned by every citizen. Protection of citizens' political rights or individual political rights contained in the 1945 Constitution, namely Article 27 paragraph (1) states the equality of all citizens towards law and government; Article 28 concerning freedom; Article 28D paragraph (1) concerning the right to recognition, guarantee, protection and legal certainty for everyone; Article 28D paragraph (3) states that every citizen has the right to obtain equal opportunities in government; and Article 31 paragraph (1) to obtain education. Democracy occurs if there is recognition of political rights and the implementation of political participation of every citizen. Fulfillment of political rights before and after the prisoners also receive protection of their political rights. The political rights of ex-prisoners are protected by the constitution of the 1945 Constitution, Law Number 39 of 1999, and Law Number 7 of 2017 concerning General Elections, and Constitutional Court Rejection Number 4 / PUU-VII / 2009. Based on this matter, this study aims to find out and analyze individual political rights that are confiscated along with the execution of punishment, and to know and analyze individual political rights to be able to conduct themselves after inmates. This research is descriptive analytical with a normative juridical approach.


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


2019 ◽  
Vol 4 (1) ◽  
pp. 25-34
Author(s):  
Syailendra Anantya Prawira

General Elections are the embodiments of the mandate stipulated in the 1945 Constitution of the Republic of Indonesia Article 1 paragraph (2) which affirms that "sovereignty is in the hands of the people and carried out according to the Constitution". The Formulation Document that will be formulated in the research are: (1) What is the violation in the general election? And (2) What is law enforcement in general election. The method used in this study is normative legal research, normative legal research methods or library law research methods are methods or procedures that are used in legal research by examining existing library material. Election violations constitute acts prohibited by the Election Law against election organizers resulting in the imposition of sanctions for violations. The enactment of Law Number 7 Year 2017 on General Elections provides for different types of violations, disputes, criminal offenses and electoral disputes. The crime of elections is a criminal offense punishable by a particular punishment based on the criminal justice system. The purpose of election is to carry out popular sovereignty and the realization of the political rights of the people to produce leaders who will occupy important positions in the government.


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