scholarly journals Authority of General Election Commission for the Electoral Constitutional Rights

2019 ◽  
Vol 6 (6) ◽  
pp. 97
Author(s):  
Nasruddin Nasruddin ◽  
Galang Asmara ◽  
RR. Cahyowati
Keyword(s):  
House Of Representatives ◽  
State Institution ◽  
Vice President ◽  
General Election ◽  
Constitutional Rights ◽  
Legal Norms ◽  
The People ◽  
Election Process ◽  
Legal Concepts ◽  
Election Commission

Indonesia is a country that adopts a democratic system that puts sovereignty in the hands of the people. As a manifestation of people's sovereignty, there is a direct election process, in which the people can determine their choices in electing the House of Representatives, the Regional Representative Council, the Regional People's Representative Council, the President and Vice President, the Governor and Deputy Governor, the Regent and Deputy Regent, as well as the Mayor and Deputy Mayor. The purpose of the study was to analyze the discretionary authority of the National Election Commission as a state institution. Research methods, this type of research is normative research, using a statutory approach, and conceptual. Sources of legal materials use primary, secondary and tertiary legal materials. After the legal materials are collected and identified, the analysis of legal materials is carried out using analytical prescrisive methods, namely studying the purpose of the law, the values of justice, the validity of the rule of law, legal concepts, and legal norms. In conclusion, the General Election Commission is a supporting state institution or an auxiliary institution or an independent institution that is of a national, permanent and independent nature which holds elections in Indonesia. The General Election Commission in safeguarding the constitutional rights of voters has the authority to make discretionary decisions on issues if the laws and regulations do not regulate, are incomplete or unclear so that it causes stagnation at some stages, especially in the preparation and determination of the Voter List in the Data Upgrading Stages.

scholarly journals MEKANISME PENCALONAN DAN PENGISIAN JABATAN PRESIDEN DAN WAKIL PRESIDEN YANG DEMOKRATIS DAN KONSTITUSIONAL

2020 ◽  
Vol 11 (1) ◽  
pp. 76
Author(s):  
Widya Hartati ◽  
Ratna Yuniarti
Keyword(s):  
Political Parties ◽  
Vice President ◽  
General Election ◽  
The Other ◽  
Constitutional Rights ◽  
Great Expectations ◽  
Other Hand ◽  
The People ◽  
Election Process ◽  
The Individual

 This study discusses the implementation of the State namely the election of President and Vice President through the general election process (Election). Election is a peaceful process of changing power carried out in accordance with the principles outlined in the constitution. On the other hand, the implementation is not yet democratic and of good quality. This research is a normative legal research, and uses descriptive qualitative analysis. The results of this study indicate that the mechanism for nominating and filling the positions of President and Vice President, is considered still contrary to the principle of popular sovereignty, unconstitutional, violating the principles of democracy and the constitutional rights of political parties and citizens. The mechanism for nominating and filling the positions of President and Vice President will be more democratic if, carried out through political parties and individual channels. For the nomination of the President and Vice President of the Individual Track, in the 2019 simultaneous elections, not a single candidate had passed through the requirements. On the other hand the great expectations of the people so that the Indonesian General Election can be more democratic and the leaders produced are truly from the people, by the people, for the people. Representation through political parties and individual candidates is one mechanism in producing quality leaders.Keywords: constitutional, democratic, presidential election and vice presidentABSTRAKPenelitian ini membahas tentang penyelenggaraan Negara yaitu pemilihan Presiden dan Wakil Presiden melalui proses pemilihan umum (Pemilu). Pemilu merupakan proses pergantian kekuasaan secara damai yang dilakukan sesuai dengan prinsip-prinsip yang digariskan oleh konstitusi. Disisi lain, pelaksanaannya belum demokratis dan berkualitas. Penelitian ini merupakan penelitian hukum normatif, dan menggunakan analisis deskriptif kualitatif. Hasil penelitian ini menunjukkan bahwa mekanisme pencalonan dan pengisian jabatan Presiden dan Wakil Presiden, dinilai masih bertentangan dengan prinsip kedaulatan rakyat, inkonstitusional, melanggar prinsip-prinsip demokrasi dan hak-hak konstitusional partai politik maupun warga negara. Mekanisme pencalonan dan pengisian jabatan Presiden dan Wakil Presiden akan lebih demokratis bila, dilakukan melalui jalur partai politik dan jalur perseorangan. Untuk pencalonan Presiden dan Wakil Presiden Jalur Perseorangan, pada pemilu serentak tahun 2019, belum ada satu calon pun yang berhasil lolos melalui persyaratan. Disisi lain besar harapan rakyat agar Pemilihan Umum Indonesia bisa lebih demokratis dan pemimpin yang dihasilkan benar-benar dari rakyat, oleh rakyat, untuk rakyat. Keterwakilan melalui partai politik dan calon perseorangan merupakan salah satu mekanisme dalam menghasilkan pemimpin yang berkualitas.Kata kunci: demokratis, konstitusional, pemilu presiden dan wapres

scholarly journals The Ideal Concept of Presidential Threshold Arrangement to Achieve Constitutional Rights of New Political Parties in a simultaneous general election in Indonesia

2018 ◽  
Vol 5 (3) ◽  
pp. 88
Author(s):  
Muhammad Mukhtarrija ◽  
I gusti Ayu Ketut Rachmi Handayani ◽  
Agus Riwanto
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Vice President ◽  
General Election ◽  
Legal Issue ◽  
Constitutional Rights ◽  
Vice Presidents ◽  
Equal Rights ◽  
The People ◽  
General Elections

This study raises the legal issue against the enactment of Law No. 7 of 2017 on General Elections in Indonesia. The law has violated the constitutional rights of new political parties of the simultaneous general election participants that began in 2017. The injustice is seen in article 222 which requires the provision of presidential threshold for political parties nominating the president and vice-presidential pairs based on the results of general elections in 2014. If this provision is applied, automatically the new political parties of the simultaneous general election participants in Indonesia do not have the opportunity to nominate a couple of presidents and vice presidents. Based on the Constitution of the 1945 Constitution, the president and vice president are nominated by a political party or a coalition of political parties participating in the general election. Considering the constitution applicable in Indonesia should every political party participating in the general election have equal rights and opportunity in carrying the candidate of president and vice president to be elected by the people in a democracy.

scholarly journals Kewenangan Komisi Pemilihan Umum dalam Menetapkan Pasangan Calon Presiden dan Wakil Presiden

2015 ◽  
Vol 5 (1) ◽  
pp. 33-62
Author(s):  
M. Zainuddin MZ
Keyword(s):  
Vice President ◽  
General Election ◽  
Unitary State ◽  
The People ◽  
The Republic ◽  
Commission President ◽  
Election Commission

Abstract: The General Election Commission (KPU) is national, permanent, and independent general election organizers. General election, which is held to elect members DPR, DPRD, DPD, the president and vice president, is a means of implementing the rule of the people who carried out directly, generally, freely, confidentially, honestly and fairly in the Unitary State of the Republic of Indonesia based on Pancasila and Constitution of the Republic of Indonesia (UUD) 1945. Within the Islamic political jurisprudence’s perspective, the duties and authorities of the General Election Commission in selecting the candidate for president and vice president participants are not contrary to the principles or the Islamic teachings. They also more emphasize to consultation and transparency in justice in doing the job. Otherwise, KPU can also be equated with ahlul halli wal aqdi institution. This institutions has the authority to decide and accommodate the aspirations of the people and institutions that have duty to determine a leader.Keywords: Electoral commission, president, Islamic political jurisprudence.

scholarly journals MPR DALAM SISTEM KETATANEGARAAN INDONESIA (STUDI KOMPARATIF ANTARA SEBELUM DAN SESUDAH PERUBAHAN UUD 1945)

2021 ◽  
Vol 16 (1) ◽  
pp. 91
Author(s):  
I Wayan Eka Santika ◽  
I Gede Sujana
Keyword(s):  
House Of Representatives ◽  
State Institution ◽  
Vice President ◽  
State Institutions ◽  
Library Research ◽  
The People ◽  
State Administration ◽  
Before And After ◽  
Election System ◽  
Constitutional System

<p><em>The purpose of this research was to determine the People's Consultative Assembly in the Indonesian constitutional system. This research was a type of library research which is descriptive analytic through a qualitative approach that is based on comparative studies. The results of this research indicated that there are fundamental differences between the People's Consultative Assembly before and after the amendment to the 1945 Constitution. The differences included (1) the change in the position of the People's Consultative Assembly from the highest state institution to a state institution that is equal to other state institutions, (2) changes in the membership structure of the People's Consultative Assembly from those previously consisted of House of Representatives, Group Envoys and Regional Representatives, then became members of the House of Representatives and Regional Representative Board members, (3) the policy to appoint People's Consultative Assembly members was replaced by an election system, (4) the People's Consultative Assembly no longer stipulates the Broad Outlines of the Nation's Direction along with filling the position of President through participation the people directly in the election, (5) limitation of the People's Consultative Assembly's authority in amending the 1945 Constitution, (6) the inauguration of the President and / or Vice President in normal and abnormal conditions, (8) the authority of the People's Consultative Assembly to dismiss the President and / or Vice President must be through a forum previlegiatum.</em></p><p><strong>Keywords</strong>: <em>People's Consultative Assembly, State Administration, Amendment to the 1945 Constitution.</em></p>

scholarly journals Election of Regional Representative Councils Members with Noken System in Election Principle Perspective

2020 ◽  
Vol 7 (8) ◽  
pp. 259
Author(s):  
Waluyo Waluyo ◽  
I Nyoman Nurjaya ◽  
Herman Suryokumoro ◽  
Shinta Hadiyantina
Keyword(s):  
Indigenous Peoples ◽  
Voting Rights ◽  
General Election ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
The People ◽  
Election Process ◽  
Voting System ◽  
General Elections ◽  
Common Interests

The holding of General Elections, including the election of members of the Regional Representative Council in parts of Papua, has its own character because its implementation is different from the general election. If all this time we only know that, the implementation of the General Election is carried out in a "direct, general, free and secret manner", then there are some areas in Papua that still use the general election with the noken/tie system. This is because the culture of indigenous peoples in the Papua region in terms of decision-making concerning common interests is carried out through deliberation meetings involving members of the community as a whole or certain people ("Men with authority" or "The Big Man") only as representatives to take a decision. This is also corroborated by the Constitutional Court Decision Number 47-81 / PHPU.A-VII / 2009 which basically states that they do not question the voting system used by indigenous peoples in the central highlands of Papua, because the essence of the General Election process is that everyone can exercise direct, public, free and confidential voting rights. With the implementation of the General Election (including the election of DPD members) with the noken/ikat system, it does not provide guarantees and legal certainty for the constitutional rights of voters to determine for themselves who they think is best based on their rational logic. Honesty does not only mean that no provisions in the General Election are violated or simply that no votes are manipulated. Honesty must also be interpreted as the system that most allows the people to elect candidates according to their conscience based on the capacity and integrity of the candidates.

TINJAUAN YURIDIS TERHADAP PENGEMBALIAN KEWENANGAN ISTIMEWA MAJELIS PERMUSYAWARATAN RAKYAT MELALUI PERUBAHAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

2018 ◽  
Vol 5 (1) ◽  
pp. 142
Author(s):  
Putu Ayu Anastasia Wierdarini
Keyword(s):  
Research Method ◽  
State Institution ◽  
Vice President ◽  
Legal Research ◽  
Conceptual Approach ◽  
Administration System ◽  
Material Content ◽  
The People ◽  
State Administration ◽  
Strategic Position

The amendment of the Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 positioned the Majelis Permusyawaratan Rakyat no longer as the highest state institution and the highest sovereign of the people. This has implications for the authority of the Majelis Permusyawaratan Rakyat to have a strategic position, namely to UUD 1945, to stipulate GBHN, to elect the president and vice president through amendment of its authority to be very limited and weak. This paper examines jurisdictionally how to restore the privileges possessed by the Majelis Permusyawaratan Rakyat through the amendment of the UUD 1945. A normative legal research method with statute approach and conceptual approach is used to analyze this problem.The results of the study indicate that the MPR's repatriation in the main and vital position in the Indonesian state administration system is very important, namely through amendments to the material content of the UUD 1945 which must be implemented on an ongoing basis.

scholarly journals PERKEMBANGAN PEMILIHAN PRESIDEN DAN WAKIL PRESIDEN DI INDONESIA

2018 ◽  
Vol 47 (1) ◽  
pp. 63
Author(s):  
Indarja Indarja
Keyword(s):  
Vice President ◽  
The State ◽  
General Election ◽  
The People ◽  
General Elections ◽  
History Approach

The aim of this paper is to analyze the regulation of general election of President and vice President in Indonesia. The method used is the normative juridical, with the history approach. Based on  results that the Election of President and Vice President in Indonesia changes from time to time, from the period 1945-1950 President and Vice President elected by PPKI by acclamation. The period 1950-1959 elected by agreement between the state of RIS and RI. After the 1959 period until now, the President and Vice President were elected by the people through general elections.

scholarly journals Prospective Model in Public Policy for a Democratic and Equitable Election of Regional Leaders

2020 ◽  
Vol 8 (1) ◽  
pp. 1-9
Author(s):  
Suparnyo Suparnyo
Keyword(s):  
Political Parties ◽  
Secondary Data ◽  
General Election ◽  
Weak Support ◽  
The People ◽  
The Future ◽  
The Government ◽  
Regional Leaders ◽  
Election Commission ◽  
Prospective Model

The election of regional leaders conducted directly by the community is believed to result in a democratic government. The formed government is expected to be more open, more responsive, and to carry out the aspirations of the people so that it can realize a government that comes from the people, by the people, and for the people. A person can nominate him/herself as a candidate for Regent or Deputy Regent if supported by some residents, by Political Parties or Combined Political Parties. The relatively weak support of the population or political parties or combined political parties has resulted in very few candidates for regent or deputy regent, even only one pair of candidates can occur as in Pati Regency. The study aims to know how the policy in the future (Prospective Model) should be taken so that the single-candidate for Regent or Deputy Regent in a general election does not happen. By using a sociological juridical approach, collecting primary and secondary data, processing and analyzing data, the objective of the study can be reached.The policy that needs to be taken by the government so that in the future there will be no single candidate is by giving obligations to political parties to conduct cadre recruitment to become candidates for regional leaders. Besides, the General Election Commission needs to make a scheme that is easier and more flexible for individual candidates regarding administrative requirements, procedures, and mechanisms for gathering support, and there needs to be a new policy so that the potential for a single-candidate can be eliminated or not occur.

Our Bungling Electoral System

1917 ◽  
Vol 11 (4) ◽  
pp. 685-710
Author(s):  
Joseph Cady Allen
Keyword(s):  
House Of Representatives ◽  
Presidential Election ◽  
Majority Vote ◽  
State Legislatures ◽  
Electoral System ◽  
Vice President ◽  
Electoral College ◽  
Present System ◽  
The People

According to popular parlance, we elect a President and vice-president, on the Tuesday following the first Monday of November of each fourth year, by vote of the people. It is well known however that, technically speaking, we do not choose these officers on that day or at any time by popular suffrage. Instead of that, we choose in each state a committee that is called the electoral college; and these electors meet on the second Monday of January and elect the President and vice-president by ballot. The theory of the Constitution is that these electors are not to be pledged or obligated to vote for any particular person, but that they and not the people shall really make the choice.But, practically from the start, and contrary to the expectation of those who framed the Constitution, the choice of President and vice-president was seized by state legislatures and afterwards transferred to the people, through the device of appointing electors that were virtually pledged to designated candidates. So the electoral colleges have failed of their purpose and become a useless complication. And not only are they useless, but objectionable also and dangerous in many and serious ways.This paper will endeavor to show that our present system of presidential election is bad in every step of the process, viz. in a. the appointment of the electors, b. the membership and proceedings of the electoral colleges, c. the count of the vote in congress, d. the interval between the election and the time when the President takes office, and e. the election by the house of representatives in case the electors fail to give a majority vote to any candidate.

scholarly journals Immigration, Civil Rights & the Evolution of the People

Daedalus ◽  
2013 ◽  
Vol 142 (3) ◽  
pp. 228-241 ◽  
Author(s):  
Cristina M. Rodríguez
Keyword(s):  
Civil Rights ◽  
Civil Rights Movement ◽  
Body Politic ◽  
Reciprocal Relationship ◽  
The Body ◽  
Immigrant Incorporation ◽  
Constitutional Rights ◽  
Full Membership ◽  
Legal Norms ◽  
The People

In considering what it means to treat immigration as a “civil rights” matter, I identify two frameworks for analysis. The first, universalistic in nature, emanates from personhood and promises non-citizens the protection of generally applicable laws and an important set of constitutional rights. The second seeks full incorporation for non-citizens into “the people,” a composite that evolves over time through social contestation – a process that can entail enforcement of legal norms but that revolves primarily around political argument. This pursuit of full membership for non-citizens implicates a reciprocal relationship between them and the body politic, and the interests of the polity help determine the contours of non-citizens' membership. Each of these frameworks has been shaped by the legal and political legacies of the civil rights movement itself, but the second formulation reveals how the pursuit of immigrant incorporation cannot be fully explained as a modern-day version of the civil rights struggle.

Sign in / Sign up

Export Citation Format

Share Document