scholarly journals INTERPRETASI DEMOKRASI DALAM SISTEM MEKANIS TERBUKA PEMILIHAN UMUM DI INDONESIA

2018 ◽  
Vol 3 (1) ◽  
pp. 87-104
Author(s):  
Putu Eva Ditayani Antari

General election is an important means for the state to ensure the implementation of a government that obtains the legitimacy of the people. In addition, the general election also aims to uphold democracy within sovereign states and ensure the implementation of the human rights of the citizens. Likewise in Indonesia, which periodically conducts general elections every 5 (five) years. General elections in Indonesia have undergone a shift from closed mechanical systems to open mechanical systems since 2004. This is influenced by the reforms that uphold the democracy and sovereignity, as well as respect for the political rights of citizens. The open mechanical system has variations since its use in 2004 to date, especially concerning the valid vote in the election. Therefore, this research will focus on analysing democracy that is being implemented in the election through open mechanical system, and various variations in open mechanical mechanical system in Indonesia. This research will be conducted by using normative research method by using primary legal materials in the form of laws governing the election, as well as secondary legal materials from various literature and scientific articles related to the problems discussed in the research. The results will be presented iin the form of problem description with analysis of the variety of open mechanical systems practiced in Indonesia. This study portrays the elections that are carried out honestly has manifested democracy and sovereignty of the people in the country. Furthermore there are various weaknesses of democratic interpretation in the variation of the implementation of open mechanical systems in elections in Indonesia.

2021 ◽  
Vol 2 (2) ◽  
pp. 151
Author(s):  
Marlindawati Marlindawati ◽  
Ulya Atsani

This study discusses the implementation of the political rights of disability voters in the 2019 simultaneous elections in Tanah Datar District according to the Disability and Fiqh Law Siyasah Dusturiyah. This type of research is field research in which materials are collected through interviews and documentation. The method used is a sociological juridical research method. Theories used are general election theory, political rights theory, disability political rights theory and siyasah dusturiyah fiqh theory. From the results of the research that the author did, it can be concluded that the implementation of fulfilling the political rights of persons with disabilities in the 2019 Simultaneous Elections in Tanah Datar District has not been carried out optimally. The obstacle faced by KPU in implementing the political rights of persons with disabilities is the difficulty in providing socialization to persons with disabilities. A review of fiqh siyasah dusturiyah on the implementation of the political rights of persons with disabilities was carried out by the Ahlu Halli Wal Aqdi institution which is an institution to accommodate the aspirations of the people. The fulfillment of political rights of persons with disabilities in the election is not in accordance with the fiqh siyasah dusturiyah.


CosmoGov ◽  
2020 ◽  
Vol 6 (1) ◽  
pp. 61
Author(s):  
Sri Sutjiatmi ◽  
Dwian Hartomi Akta Padma Eldo ◽  
Arif Zainudin

This paper is intended to look at the condition of Indonesia related to the still rampant occurrence of money politics which is a problem in the community when the 2019 elections simultaneously. This research takes a case study between Tegal City and Tegal Regency. The interesting thing in this study is to see how the community's assessment of the Tegal city and Tegal Regency groups regarding money politics in the 2019 elections simultaneously. The method used is a mixed method (between Mixed Methods) between quantitative and qualitative, by calculating the Solvin formula by deepening the analysis by interviewing the speakers directly. The results of the study showed that the people of Tegal City had a relatively high attitude of not paying attention to the Politics of Money in the General Election relating to the political money of the General Elections in 2019 at the same time. Unlike the people of Tegal Regency who consider money politics as a culture that is difficult to remove. Also interesting is the beginner voter group Tegal Regency has a fairly high knowledge about money politics that can damage the democratic system compared to the Beginner voters in Tegal City.


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.


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.


2019 ◽  
Vol 1 (2) ◽  
pp. 155
Author(s):  
Risdiana Izzaty ◽  
Xavier Nugraha

In Article 22E paragraph (1) of the 1945 Constitution of the Republic of Indonesia, it is explained that General Elections (Elections) are held based on the principle of “luberjudil” (direct, general, free, confidential, honest and fair). One of the manifestations of this principle is through the final voter list in the implementation of the election. This research is normative research with statute approach and conceptual approach. The issues discussed in this study are 1. Can the validity of the Permanent Voters List be seen as a manifestation of a direct, general, free, confidential, honest and fair election? 2. What are the problems that arise in determining the Permanent Voters List? 3. How is the guarantee of political rights for citizens due to problems that arise in the determination of the Permanent Voters List? Based on this research, it was found that the validity of the Permanent Voters List was part of the realization of the election system which was direct, general, free, confidential, honest and fair. This research also describes the problems in determining the Permanent Voters List and the mechanism for protecting the political rights of citizens in the event of problems in the final voter listKeywords: General Election, Final Voter List, Validity


2020 ◽  
Vol 3 (1) ◽  
pp. 69-80
Author(s):  
Hamidi Hamidi

General election is a means of democracy that is used to elect people's representatives to sit as legislative members in the MPR, DPR, DPD and DPRD. The election was conducted in accordance with Article 2 paragraph (1) of the 1945 Constitution. The 2019 election was also attended by former convicted corruption cases. This is in accordance with PKPU rules Number 20 of 2018. With this decision, an extra-judicial polemic arises which is appropriate and important to be studied more specifically and academically. The formulation of the problem in this research is, How to regulate the political rights of former convicted corruption cases as legislative candidates in the 2019 general election? What are the implications of regulating the political rights of former convicts of corruption as a candidate for legislative members in the 2019 General Elections on Human Rights? The specification of this research is normative juridical research, which is a form of research that aims to describe the applicable laws and regulations, linked to legal theories and practice of positive law enforcement, which will later be linked to the problems examined in this scientific paper. Based on the results of the analysis, answers can be obtained: 1) The Political Rights Regulation of Former Convicted Corruption Crime Cases as Legislative Candidates in the General Election Year contradicts a higher law because based on the mandate of article 4 paragraph (3) Number 20 of 2018 concerning Election Commission Regulations General as well as article 240 paragraph (1) letter (g) of Law Number 7 of 2017 concerning General Elections. Article 28 letter d of the 1945 Constitution of the Republic of Indonesia. 2) Implications of regulating the political rights of former convicted corruption cases as candidates for legislative members in the 2019 general election against human rights, revocation of political rights for convicted corruption cases by human rights law activists (HAM) is of the view that deprivation of political rights is a violation of human rights. This is still debatable, because every sentence is basically a violation of human rights, but the violation is allowed, as long as it is based on the law.


2020 ◽  
Vol 14 (1) ◽  
pp. 49-95 ◽  
Author(s):  
Tarunabh Khaitan

AbstractMany concerned citizens, including judges, bureaucrats, politicians, activists, journalists, and academics, have been claiming that Indian democracy has been imperilled under the premiership of Narendra Modi, which began in 2014. To examine this claim, the Article sets up an analytic framework for accountability mechanisms liberal democratic constitutions put in place to provide a check on the political executive. The assumption is that only if this framework is dismantled in a systemic manner can we claim that democracy itself is in peril. This framework helps distinguish between actions that one may disagree with ideologically but are nonetheless permitted by an elected government, from actions that strike at the heart of liberal democratic constitutionalism. Liberal democratic constitutions typically adopt three ways of making accountability demands on the political executive: vertically, by demanding electoral accountability to the people; horizontally, by subjecting it to accountability demands of other state institutions like the judiciary and fourth branch institutions; and diagonally, by requiring discursive accountability by the media, the academy, and civil society. This framework assures democracy over time – i.e. it guarantees democratic governance not only to the people today, but to all future peoples of India. Each elected government has the mandate to implement its policies over a wide range of matters. However, seeking to entrench the ruling party’s stranglehold on power in ways that are inimical to the continued operation of democracy cannot be one of them. The Article finds that the first Modi government in power between 2014 and 2019 did indeed seek to undermine each of these three strands of executive accountability. Unlike the assault on democratic norms during India Gandhi’s Emergency in the 1970s, there is little evidence of a direct or full-frontal attack during this period. The Bharatiya Janata Party government’s mode of operation was subtle, indirect, and incremental, but also systemic. Hence, the Article characterizes the phenomenon as “killing a constitution by a thousand cuts.” The incremental assaults on democratic governance were typically justified by a combination of a managerial rhetoric of efficiency and good governance (made plausible by the undeniable imperfection of our institutions) and a divisive rhetoric of hyper-nationalism (which brands political opponents of the party as traitors of the state). Since its resounding victory in the 2019 general elections, the Modi government appears to have moved into consolidation mode. No longer constrained by the demands of coalition partners, early signs suggest that it may abandon the incrementalist approach for a more direct assault on democratic constitutionalism.


2018 ◽  
Vol 47 (1) ◽  
pp. 63
Author(s):  
Indarja Indarja

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.


2008 ◽  
Vol 28 ◽  
pp. 289-291
Author(s):  
Wayne P. Steger

Understanding why certain candidates get nominated is an important aspect of political scientists. This topic is a narrow one and influences a wider variety of subjects such as the political parties, general elections, and even the extent to which the United States is a democratic country. Presidential nominees matter—they become the foremost spokesperson and the personified image of the party (Miller and Gronbeck 1994), the main selectors of issues and policies for their party’s general election campaign (Petrocik 1996; Tedesco 2001), a major force in defining the ideological direction of a political party (Herrera 1995), and candidates that voters select among in the general election. This volume is devoted to presidential nominations and the 2008 nomination specifically.


Kosmik Hukum ◽  
2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rizkon Maulana ◽  
Indriati Amarini ◽  
Ika Ariani Kartini

The fulfillment of political rights for persons with mental disabilities in general elections has not been running as it should be. Pros and cons arise when collecting data on citizens who have the right to vote at the time of general elections. This research analyzes how the fulfillment of the political rights of persons with mental disabilities in legislation and the obstacles experienced in fulfilling the political rights of persons with mental disabilities. This research is a normative juridical study using secondary data as the main data, namely books, journals, research results, and legislation. Secondary data were analyzed normatively qualitative. The results showed that the political rights of persons with disabilities, including persons with mental disabilities, are a component of human rights that must be fulfilled in a democratic country. The fulfillment of the political rights of persons with disabilities is generally based on Law Number 8 of 2016, namely Article 13 which stipulates that persons with disabilities have the political right to vote and be elected in public office. These rights are important to be respected, protected and fulfilled in order to achieve justice for eliminating political discrimination against persons with disabilities. As for the obstacles experienced in fulfilling the political rights of persons with mental disabilities, namely the difficulty in conveying socialization materials to persons with mental disabilities and the level of voter participation among persons with mental disabilities is still low.Keywords: Political Rights, General Election, Mental Disability


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