scholarly journals An Evaluation of Legal Policy Related to The Implementation of The Simultaneous Local Election (A First Indonesia Period of The Simultaneous Local Election)

2017 ◽  
Vol 96 ◽  
Author(s):  
Agus Riwanto . .
Keyword(s):  
System Integration ◽  
Dispute Settlement ◽  
Constitutional Court ◽  
Local Elections ◽  
State Budget ◽  
Political Aspect ◽  
Legal Policy ◽  
Election Administration ◽  
Local Election ◽  
Time Restrictions

Indonesia legal policy of the simultaneous local election to appoint a district head had been amended by Law Number 8 of 2015 concerning the local election (governors, regents and mayors) from the regular models to the simultaneous models. Simultaneous local election will be implemented in periods, namely a first period in 2015, a second period in 2017, a third and fourth period will be approximately held from 2018 to the 2021, and a national simultaneous local elections will be held in 2027. The simultaneous local election is aimed to make the efficiency and effectiveness of the budget, time and labor organizer; to eliminate boredom voters; to increase public control. Law Number 8 of 2015 had been reviewed judicially thirdty first times. The Constitutional Court also issued a surpprised decision which change a political constellation of Indonesia. The political aspect of simultaneous local election in 2015 need to be fixed through the revision of Law Number 8 of 2015 in order to create the system of the simultaneous elections fairly and democratically for the implementation of the next period: the required transfer of election financing from the budget to the state budget; the need to create a model for the preliminary election; restrictions on candidacy requirements; a dispute settlement of the simultaneous local election to the supreme court; a time restrictions on the election administration disputes lawsuit in the Administrative Court; and we need to build a model of election law enforcement system integration.<br /><br />Key Word: legal policy evaluation, simultaneous local election

scholarly journals AN EVALUATION OF LEGAL POLICY RELATED TO THE IMPLEMENTATION OF THE SIMULTANEOUS LOCAL ELECTION (FIRST PERIOD OF THE SIMULTANEOUS LOCAL ELECTION)

2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Agus Riwanto
Keyword(s):  
System Integration ◽  
Dispute Settlement ◽  
Constitutional Court ◽  
State Budget ◽  
Political Aspect ◽  
Legal Policy ◽  
Election Administration ◽  
Local Election ◽  
Time Restrictions ◽  
Efficiency And Effectiveness

<p align="center"><strong><em>Abstract</em></strong></p><p><em>Indonesia legal policy of</em><em> the simultaneous local election to appoint a district head had been </em><em>amended by Law Number 8 of 2015 concerning the local election (governors, regents and mayors) from the regular models to the simultaneous models. Simultaneous local election will be implemented in periods, namely a first period in 2015, a second period in 2017, a third and fourth period will be approximately held from 2018 to the 2021, and a national simultaneous local</em><em> elections will be held in</em><em> 2027. The simultaneous local election is aimed to make the efficiency and effectiveness of the budget, time and labor organizer; to eliminate boredom voters; to increase public control. Law Number 8 of 2015 had been reviewed judicially thirdty first times. The Constitutional Court also issued a surpprised decision which change a political constellation of Indonesia. The political aspect of simultaneous  local election in 2015 need to be fixed through the revision of Law Number 8  of 2015 in order to create the system of the simultaneous elections fairly and democratically for the implementation of the next period: the required transfer of election financing from the budget to the state budget; the need to create a model for the preliminary election; restrictions on candidacy requirements; a dispute settlement of the simultaneous local election to the supreme court; a time restrictions on the election administration disputes lawsuit in the Administrative Court; and we need to build a model of election law enforcement system integration.</em></p><p><strong><em>Key Word</em></strong><em>: legal policy evaluation, simultaneous local election</em></p>

scholarly journals DESIGN OF SPECIAL JUSTICE AGENCY ELECTION CHAIN IN INDONESIA

2017 ◽  
Vol 1 (1) ◽  
pp. 68
Author(s):  
Tri Susilo
Keyword(s):  
Government Regulation ◽  
Dispute Settlement ◽  
Ad Hoc ◽  
Institutional Design ◽  
National Level ◽  
Constitutional Court ◽  
Local Elections ◽  
Direct Election ◽  
Legal Remedies ◽  
Election Results

<p>Past-approval of government regulation in lieu of Law No.1 of 2014 concerning the election of governor, regent, and mayor (hereinafter called local election), In accordance with the decision of the Constitutional Court Number 97 /PUU-XI / 2013, the Constitutional Court is no longer authorized to resolve disputes on direct election results, because the provisions of Article 236C of Law Number 12 Year 2008 NRI are against the Constitution of 1945. Article 157 paragraph (1) Law No. 8 Year 2015 determines that the dispute settlement on direct election results become the authority of specialized judiciary. But before a specialized judiciary is formed, then the Constitutional Court is authorized to resolve disputes on direct election results. The authority of the Constitutional Court is the constitutional authority to fulfill temporary legal vacuum (rechtvakum). Therefore legislators should immediately establish a specialized judiciary which has the authority to resolve the disputes on direct election results. There is a new design in election mechanisms of regional hand. The law a quo stated that elections be held simultaneously at the national level. This design would require regulatory support, such as the establishment of as special court, solve any disputes that arise from the election. The problems emerge in this study is how the urgency of special court, how it compares to special court on election matters in various countries and how the relevance of the comparison can be applied in Indonesia. This was conducted using a legal-normative research. The research conclude unable to meet the demands for justice, for example, the court's decision are settled after the elections conducted and thick-layers on legal remedies so it is counterproductive to the election that have limited period of time. These legal remedies are even separated in several judicatures. Various countries have also established a special court on local elections with a variety of institutional design and procedural law. For Indonesia, the special court is ad hoc court, based on provincial and district or city and authorized to settle disputes concerning the local elections.</p>

scholarly journals PEMILIHAN KEPALA DAERAH DALAM KONTEKS UUD NRI TAHUN 1945

2015 ◽  
Vol 4 (1) ◽  
pp. 43
Author(s):  
Sodikin Sodikin
Keyword(s):  
House Of Representatives ◽  
Political Process ◽  
Constitutional Court ◽  
Local Elections ◽  
Democratic Process ◽  
Local Election ◽  
Direct Election ◽  
Current Implementation ◽  
Regional Leaders ◽  
Local Leaders

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>

scholarly journals The Local Election Amidst the Oligarchs

2019 ◽  
Vol 2 (1) ◽  
pp. p21
Author(s):  
Nur Hidayat Sardini
Keyword(s):  
Local Government ◽  
The Political ◽  
Local Elections ◽  
Constitutional Courts ◽  
Election Administration ◽  
Official Report ◽  
Local Election ◽  
Massive Scale ◽  
Technical Issues

This article scrutinizes the phenomenon of Local Government Election (Local election) of a regency at the easternmost province in Indonesia, Jayapura Regency of Papua. During the election period, there was a great number of violations against election rules which were not only sporadic but also designed on a structured, systematic and massive scale – using the term of Indonesian Constitutional Courts. The violations were related to the role of the oligarchs who cooperatively worked hand in hand to win the political contestation. The activities of the oligarchs which involved clerical-technical issues are undoubtedly prohibited by the Law of Pilkada. The clerical-technical issues include unlawful activities such as replacing some officials of polling station a day before the election, manipulating the official report documents like voting and the calculation of the votes forms, certificates of results and holographic forms of the votes calculation details and records of the results of valid vote calculation at the polling stations in massive numbers. In the Jayapura Regency Election, it is found that the practice of the election administration regime is defied by an electoral shadow structure played by the Oligarchs. Thus, this article argues that the political decentralization results in a powerful control of the local oligarchs on the Local Elections which must be solved for the sake of Indonesia’s democratization.

scholarly journals Politik Hukum Pasca Putusan Mahkamah Konstitusi atas Pelaksanaan Pemilu dan Pemilukada di Indonesia

2016 ◽  
Vol 13 (3) ◽  
pp. 480
Author(s):  
Wahyu Nugroho
Keyword(s):  
Government Regulation ◽  
Vice President ◽  
Court Decision ◽  
Constitutional Court ◽  
Local Elections ◽  
Political Rights ◽  
Local Election ◽  
Electoral Laws ◽  
Commission Regulation ◽  
Building Area

After amendment 1945, whether legislative elections and the election of the executive power implementing held directly by the people, and going political reform electoral laws and local election, both in the revision of the existing political regulations, and rules in the law after the Constitutional Court decision, namely Law No. 42 of 2008 on General Election of President and Vice President, and and Law No. 10 of 2016 on the Second Amendment of Act No. 1 of 2015 on Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the election of Governors, Regents and Mayors became acts. The purpose of the study on the implementation of the legal political and local elections are to conduct political rearrangement and local elections law in a mosaic of Indonesian state structure, maturity in politics, the consolidation of local democracy, and changes in local people’s minds to develop the region very hung to the figure of its leader, as well as ensuring the political rights of citizens in national and local political constellation. The results in this study is the need for consistency of law enforcement for compliance with a number of legal instruments and the implementation of procedures and penalties in the administration of elections. Aspects of legal certainty and the cultural aspect is very important law met in order for the elections and the local election purpose in achieving this goal idealized.In addition, the electoral administration in central and local levels, as well as participating in the election and the election shall comply with laws and regulations, ranging from the Commission Regulation, Act, as well as adherence to Constitutional Court decision. The author draws conclusions that the renewal of electoral politics and the local election after the Constitutional Court Decision in the Indonesian constitutional structure has implications for changes in the system, the mechanism and the pattern of elections and the local election organizers and participants of the election and the local election. On some empirical experience that was shown in the administration of elections and the election, people think the dynamic to organize and improve the system, as well as have awareness of constitutional rights guaranteed by the 1945 Constitution on political rights for the sake of the spirit of building area through the local elections to choose a figure that is idealized.

scholarly journals REORIENTASI HUKUM PEMILUKADA YANG MENSEJAHTERAKAN RAKYATNYA

2014 ◽  
Vol 14 (2) ◽  
Author(s):  
Retno Saraswati
Keyword(s):  
The State ◽  
Local Elections ◽  
Election Law ◽  
Legal Policy ◽  
Local Election ◽  
Direct Election ◽  
Democratic State

Currently, the implementation of direct election for regional leader (pilkada) is not able to create people's welfare. Even it tends to harm the morale of state officials and people as well. In regard to this, the state should take immediate political measures   to change direct local elections law into indirect one. In the perspective of a democratic state, indirect local election is in line with the concept of Indonesian democracy and also in accordance with   legal politics for people’s welfare. Thus, the election law is more meaningful to the Indonesian society.Keywords : Welfare, Indirect local elections, legal policy 

scholarly journals The Constitutional Court’s Role in Consolidating Democracy and Reforming Local Election

2016 ◽  
Vol 1 (1) ◽  
pp. 103 ◽  
Author(s):  
Iwan Satriawan ◽  
Khairil Azmin Mokhtar
Keyword(s):  
Code Of Ethics ◽  
Local Population ◽  
Constitutional Court ◽  
Local Elections ◽  
Local Democracy ◽  
Local Election ◽  
Short Period ◽  
The Usa ◽  
The Government ◽  
Democratic Nation

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.

scholarly journals MEWUJUDKAN SISTEM PENYELESAIAN HASIL Pilkada YANG EFEKTIF DAN BERKEADILAN

2015 ◽  
Vol 4 (1) ◽  
pp. 123
Author(s):  
Kelik Pramudya
Keyword(s):  
Government Regulation ◽  
Dispute Settlement ◽  
Constitutional Court ◽  
Local Elections ◽  
High Courts ◽  
The Supreme Court ◽  
The Government ◽  
Regional Leaders ◽  
Sense Of Justice

Penyelenggaraan pemilihan kepala daerah secara langsung di daerah sering menimbulkan sengketa mengenai penetapan hasil perolehan suara. Upaya yang dilakukan oleh calon yang tidak puas atas penetapan ini ialah mengajukan pembatalan ke lembaga peradilan. Pembaharuan mengenai sistem penyelesaian hasil pemilihan dilakukan pemerintah untuk mengatasi masalah ini yaitu Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 Tahun 2014. Masalah yang dibahas dalam penelitian ini antara lain: bagaimana mekanisme penyelesaian sengketa sebelum dikeluarkan peraturan tersebut, apa pembaruan yang terdapat dalam peraturan tersebut dan bagaimana mewujudkan penyelesaian perselisihan hasil pemilihan yang efektif dan berkeadilan. Penelitian ini merupakan penelitian hukum normatif yang bersifat deskriptif dengan menggunakan pendekatan perundang-undangn dan analitis. Berdasarkan hasil penelitian dapat disimpulkan bahwa pembaharuan mendasar terletak pada lembaga yang berwenang menangani yaitu dari Mahkamah Konstitusi beralih ke Pengadilan Tinggi yang ditunjuk oleh Mahkamah Agung. Penulis merekomendasikan bahwa pembaharuan tersebut harus didukung oleh peraturan teknis untuk menjamin kefektifan dan memenuhi rasa keadilan.<p>The implementation of the direct local elections for regional leaders in the regional level often give rise to disputes on the determination of voting results. The efforts made by a candidate who is not satisfied with the determination is to submit the cancellation to the judiciary. Renewal on the system of electoral dispute settlement which has been undertaken by the government to deal with the problem is Government Regulation in Lieu of Law Number 1 of 2014. Problems addressed in this research, among others: how the electoral dispute settlement mechanisms works before the regulation was issued, what renewal that is found in the regulation ands how to create a fair and effective electoral dispute settlement. This research is a descriptive-normative legal research by using regulatory and analytical approachs. It can be concluded from the research that the fundamental renewal takes place in the institution authorized to handle the dispute settlement that is from the Constitutional Court to the high courts appointed by the Supreme Court . The author recommends that the renewal must be supported by technical regulations to ensure effectiveness and meet the sense of justice.</p>

Single candidates: Ensuring a path to victory in local elections

2021 ◽  
pp. 205789112110624
Author(s):  
Muchamad Ali Safa’at
Keyword(s):  
Political Parties ◽  
Political Power ◽  
Constitutional Court ◽  
Local Elections ◽  
Single Pair ◽  
Local Election ◽  
The Government

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.

scholarly journals Legalitas Hukum Komisi Pemilihan Umum Daerah dalam Menyelenggarakan Pilkada

2018 ◽  
Vol 14 (3) ◽  
pp. 553
Author(s):  
Ansori Ansori
Keyword(s):  
Legal Status ◽  
Hierarchical Organization ◽  
Court Decision ◽  
Constitutional Court ◽  
Local Elections ◽  
Legal Validity ◽  
Local Election ◽  
The Law ◽  
Election Commission ◽  
Special Duty

Penelitian ini membahas legalitas hukum Komisi Pemilihan Umum Daerah (KPUD) dalam menyelenggarakan pemilihan kepala daerah pasca putusan Mahkamah Konstitusi Nomor 97/PUU-XI/2013. Penelitian ini bertujuan untuk menganalisis dan memahami legalisasi pengaturan kedudukan hukum KPUD dalam penyelenggaraan Pilkada pasca putusan MK Nomor 97/PUU-XI/2013. Jenis penelitian yang digunakan adalah yuridis-normatif, dengan teori lembaga negara, hierarki, kewenangan, keabsahan hukum, dan tujuan hukum. Hasil penelitian yang diperoleh adalah bahwa legalitas kedudukan hukum KPUD dalam penyelenggaraan Pilkada pasca putusan MK Nomor 97/PUU-XI/2013 yaitu bahwa KPUD tidak dapat menyelenggarakan Pilkada karena KPUD bagian dari KPU yang bersifat hierarki, sedangkan KPU berwenang secara konstitusional menyelenggarakan Pemilu, sedangkan Pilkada bukan bagian dari Pemilu pasca putusan MK Nomor 97/PUU-XI/2013 dan KPUD bukan lembaga daerah yang diberikan tugas khusus oleh undang-undang untuk menyelenggarakan pilkada, tugas menyelenggarakan Pilkada tersebut diberikan oleh undang-undang kepada KPU dan dilaksanakan oleh KPUD.The study addressed the legality of Regional Election Commission (KPUD) to hold local elections after the decision of the Constitutional Court No. 97/PUU-XI /2013. It aims to give analysis and to better understand the law that provides legal status of KPUD for organizing the elections after the court decision. The type of research is a juridical-normative research by employing the theory of state organs, hierarchy, powers, legal validity, and legal objectives. The obtained results showed that based on its legal status in organizing regional head elections, after the judgment of the Court decision No. 97/PUU-XI/2013, KPUD cannot hold regional head elections due to its position as subordinate of KPU as a hierarchical organization. KPU has the constitutional power to hold elections while regional head elections are not parts of the Election after the decision of the Constitutional Court No. 97/PUU-XI/2013. KPUD is not a regional organ given a special duty by the law to hold a local election. The task of organizing the local election is given by law to KPU and implemented by KPUD.

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