RELEVANSI PRESIDENTIAL THRESHOLD DENGAN PRINSIP KEDAULATAN RAKYAT

2018 ◽  
Vol 1 (2) ◽  
pp. 218-232
Author(s):  
Andi Desmon
Keyword(s):  
Political Parties ◽  
Popular Sovereignty ◽  
Modern State ◽  
Equal Opportunities ◽  
Vice Presidents ◽  
Presidential Candidates ◽  
General Elections ◽  
The Republic ◽  
The Voice

As a means of implementing popular sovereignty, general elections have become a sort of agenda for modern state routines within a certain period of time to distribute power. Constitutionally, the implementation of general elections has been regulated in the 1945 Constitution of the Republic of Indonesia. The Presidential threshold is the concept of proposing presidential and vice presidential candidates. This proposal is carried out by political parties or joint political parties in election elections. Political parties or joint political parties are responsible for the proposed pair of presidents and vice presidents. This paper uses normative juridical research. General elections are the implementation of the principle of popular sovereignty. One of the principles of popular sovereignty is the recognition of the majority of the voice of sovereignty and giving respect to the voice of minorities by providing equal opportunities and benefits to achieve equality and justice. Therefore the implementation of the presidential threshold is not relevant to the principle of popular sovereignty, because it does not give respect to political parties that get a minority vote by providing equal opportunities and benefits to achieve equality and justice.

scholarly journals Elections in times of neo-coupism and populism: A short essay on Brazil's right-wing presidential candidates' plans for governance and their proposals for gender and Afro-Brazilians

2019 ◽  
Vol 27 (1) ◽  
pp. 72-79 ◽  
Author(s):  
Patricia Rangel ◽  
Eneida Vinhaes Dultra
Keyword(s):  
Rural Communities ◽  
Presidential Elections ◽  
Indigenous Populations ◽  
Social Rights ◽  
Right Wing ◽  
Presidential Candidates ◽  
General Elections ◽  
The Republic ◽  
The Right ◽  
Short Essay

In October 2018, Brazil held general elections in which new senators, federal representatives, state representatives, governors, and the new president of the republic were chosen. The singularity of the context surrounding the elections is evident: the call occurred two years after a presidential impeachment linked to a state coup which consolidated the ascent of populist forces from the right and which initiated a series of regressions in social rights, criminalization of progressive activism, and increase of police violence. As a result, in the presidential elections, populist candidates and discourses of hate became popular, targeting historically marginalized social groups within the country (women, African-Brazilians, LGBTQIs – Lesbians, Gays, Bisexuals, Transgenders, Queers, Intersex – working class, rural communities, and the indigenous populations). This essay examines the presidential proposals or positions towards the aforementioned groups, paying particular attention to speeches of right-populist candidates, especially those made by Jair Bolsonaro, chosen in a runoff election.

scholarly journals Pembatalan Pembahasan Rancangan Undang-Undang tentang Penyelenggaraan Pemilihan Umum dan Keterkaitannya pada Pemilihan Umum Tahun 2024

PLENO JURE ◽  
2021 ◽  
Vol 10 (1) ◽  
pp. 54-67
Author(s):  
Abd. Kahar Muzakkir ◽  
Muhammad Alhamid ◽  
Gustiana A. Kambo
Keyword(s):  
Political Parties ◽  
Democratic Party ◽  
Swot Analysis ◽  
Task Force ◽  
General Election ◽  
Normative Study ◽  
National Legislation ◽  
Presidential Candidates ◽  
Head Of State ◽  
General Elections

This study aims to analyze the Government's rejection of the Draft Law on General Election, which has been stipulated in the 2020-2024 National Legislation Program and its relation to the 2024 General Election. This type of research is a normative study using a political-law approach. The technical analysis used in this study, namely hermeneutic analysis, interpretation analysis, and SWOT analysis. The results show that the Government's rejection of the Draft Law on General Elections that have been stipulated in the 2020-2024 National Legislation Program will increase Jokowi's political power as a cadre of the Indonesian Democratic Party of Struggle and will provide electoral benefits to gain constituent votes in the 2024 Election. This is reinforced by a SWOT analysis related to implementing the presidential threshold in the 2024 General Election, where only the Indonesian Democratic Party of Struggle can directly carry its cadres to become Presidential and Vice-Presidential Candidate Pairs without a coalition of political parties. Meanwhile, eight political parties must form a candidate for the Joint Candidate Pair of Political Parties in the 2024 Election. Furthermore, it is hoped that President Joko Widodo will continue to carry out his role as head of state and not abuse power at the time of appointing a task force, both at the provincial and Regency/City levels. In addition, it is hoped that every political party will continue to carry out the best strategy in promoting Presidential and Vice-Presidential Candidates without having to lead public opinion regarding the presidential threshold issue in the 2024 General Election.     Abstrak Penelitian ini bertujuan untuk menganalisis penolakan Pemerintah terhadap Rancangan Undang-Undang tentang Penyelenggaraan Pemilihan Umum yang telah ditetapkan dalam Program Legislasi Nasional Rancangan (Prolegnas) 2020-2024, serta keterkaitannya pada Pemilihan Umum 2024. Jenis penelitian ini merupakan penelitian normatif dengan menggunakan pendekatan politik hukum. Adapun teknis analisis yang digunakan dalam penelitian ini, yaitu analisis hermeneutik, analisis interpretasi, dan analisis SWOT. Hasil penelitian menunjukkan bahwa penolakan Pemerintah terhadap Rancangan Undang-Undang tentang Pemilihan Umum yang telah ditetapkan dalam Prolegnas Rancangan 2020-2024 akan memperbesar kekuasaan politik Jokowi selaku kader Partai PDIP-P, dan akan memberikan manfaat elektoral untuk meraih suara konstituen pada Pemilu 2024. Hal ini diperkuat dengan analisis SWOT terkait implementasi presidential threshold pada Pemilu Tahun 2024, dimana hanya PDIP yang dapat langsung mengusung Kadernya menjadi Pasangan Calon Presiden dan Wakil Presiden tanpa koalisi atau gabungan partai Politik. Sedangkan delapan Partai Politik di antaranya harus membentuk usungan Pasangan Calon Gabungan Partai Politik pada Pemilu Tahun 2024. Selanjutnya, diharapkan Presiden Joko Widodo tetap menjalankan peranannya sebagai kepala Negara dan tidak menyalahgunakan kekuasaan pada saat melakukan PLT, baik di tingkatan Provinsi maupun Kabupaten/Kota. Selain itu, diharapkan setiap Partai Politik tetap melakukan strategi terbaik dalam mengusung Calon Presiden dan Wakil Presiden tanpa harus menggiring opini publik terkait permasalahan presidential threshold pada Pemilu Tahun 2024.

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 THE IMPLEMENTATION OF SIYASAH SYAR’IYAH PRINCIPLES IN THE CONSTITUTIONAL COURT DECISION REGARDING TO THE SIMULTANEOUS ELECTION 2019

2019 ◽  
Vol 7 (2) ◽  
pp. 108
Author(s):  
Nanik Prasetyoningsih ◽  
Septi Nur Wijayanti ◽  
Anang Syaroni ◽  
Tanto Lailam
Keyword(s):  
Political Parties ◽  
Court Decision ◽  
Constitutional Court ◽  
Vice Presidents ◽  
Political Interests ◽  
Principle Of Justice ◽  
General Elections ◽  
Voter Groups ◽  
Simultaneous Election

This study aims to examine the Constitutional Court's Decision which carries out General Elections simultaneously from the Syiyasah Syar'iyah perspective, especially on the principle of justice. This research is a doctrinal research and uses two approaches namely the statutory approach and the concept approach. Based on Syiyasah Syar'iyah's perspective, the decision of the Constitutional Court is fair for political parties participating in elections for people who are willing to become candidates/vice presidents, and for people who want to test their electability. This decision also aims to reduce the number of non-voter groups. The Constitutional Court's decision also contains the principle of unity and alliance, because it aims to stop the practical political interests that lead to the collapse of unity.

scholarly journals Campaigning on Facebook: Posts and online social networking as campaign tools in the 2017 general elections in the Republic of Kosovo

2019 ◽  
Vol 12 (1) ◽  
pp. 92-109
Author(s):  
Dren Gërguri
Keyword(s):  
Political Parties ◽  
Political Communication ◽  
Political Campaigns ◽  
Traditional Media ◽  
The Past ◽  
Electoral Strategies ◽  
General Elections ◽  
The Republic ◽  
Facebook Pages ◽  
Flow Of Information

The 2017 general elections in Kosovo are the first to be considered for the high use of Facebook by political parties. Kosovo has nearly 1 million Facebook users, and this is one reason that has pushed all political parties, without distinction, to include Facebook in their electoral strategies. The paper analyses the use of Facebook by political parties in the 2017 general election and deals with the adaptation of Kosovar political parties with this new form of political communication and their popularity on Facebook. Data were collected during the campaign using the software R. In the fourth age of political communication, the web 2.0 has changed political  campaigns and the flow of information now is more dynamic than in the past. The paper presents the flow of information/messages through Facebook, with politicians connecting directly with citizens, bypassing traditional media. Through a quantitative content analysis of the seven parties’ Facebook pages, it is analysed how they used Facebook as a campaigning tool and based on the findings, the mobilisation function was the dominant one. 

scholarly journals Article 24C Paragraph 1 of the 1945 Constitution of the Republic of Indonesia: History and Critical Analysis of Disputes on the Authority of State Institutions

2021 ◽  
Vol 3 (2) ◽  
pp. 403-412
Author(s):  
Demas Brian W ◽  
Sudarsono ◽  
Rachmad Safa’at ◽  
Muchamad Ali Safa’at
Keyword(s):  
Political Parties ◽  
Descriptive Analysis ◽  
State Institution ◽  
Constitutional Court ◽  
Independent State ◽  
State Institutions ◽  
General Elections ◽  
The Republic ◽  
Executive Agency ◽  
State Requirement

In simple terms, the ratio legis can be interpreted as the reason why there is a provision in the law. Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia determines the authority possessed by the Constitutional Court, paragraph (1) reads: The Constitutional Court has the authority to adjudicate at the first and final levels whose decisions are final to examine laws against the Constitution, decide disputes over authority a state institution whose authority is granted by the Constitution, decides on the dissolution of political parties, and decides on disputes regarding the results of general elections. The limiting provisions of Article 24C paragraph (1) seem to close the scope for expanding the Constitutional Court authority to decide disputes over the authority of independent state institutions. Meanwhile, this is a state requirement. This research uses a statutory approach with a descriptive analysis method. The conclusions obtained are: 1) it is not possible that a state institution that has supervisory authority has conflict with other legal institutions; 2) there are state institutions whose authorities are regulated by law and have the potential for authority disputes, but are resolved through the executive agency; 3) there is the authority of state institutions that have the potential for conflict of authority but there are no rules for resolving them.  

scholarly journals HAK POLITIK INDIVIDUAL PRA DAN PASCA MENJADI NARAPIDANA DALAM SISTEM KETATANEGARAAN

2020 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Agus Salim ◽  
Asip Suyadi
Keyword(s):  
The Political ◽  
Constitutional Court ◽  
Political Rights ◽  
Equal Opportunities ◽  
Human Right ◽  
Before And After ◽  
General Elections ◽  
The Republic ◽  
The Right ◽  
Democratic Country

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.

scholarly journals PENERAPAN PRESIDENTIAL THRESHOLD PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 14/PUU-XI/2013

2020 ◽  
Vol 2 (2) ◽  
pp. 72-80
Author(s):  
Liberthin Palullungan ◽  
Trifonia Sartin Ribo
Keyword(s):  
Political Parties ◽  
Research Method ◽  
Party System ◽  
Vice President ◽  
Court Decision ◽  
Constitutional Court ◽  
Presidential System ◽  
General Elections ◽  
The Republic ◽  
The Impact

Indonesia is a country that implements a presidential system and a multi-party system jointly. The implementation of general elections has been regulated in the 1945 Constitution of the Republic of Indonesia. The presidential threshold is a concept used in proposing candidates for President and Vice President. Proposals are made by political parties or joining political parties by general election participants. This article analyzes the application of the presidential threshold after the Constitutional Court decision Number 114 / PUU-XI / 2013. The purpose of this writing is to determine the application of the Presidensitial threshold after the Constitutional Court decision Number 14 / PUU-XI / 013, and to determine the impact of the Constitutional Court decision number 14 / PUU-XI / 2013 on political parties. The research method used is qualitative and conceptual normative research methods. Based on this article, it is known that the application of the presidential threshold in which political parties must obtain seats 20% of the number of seats in the DPR or 25% of the valid votes nationally in the previous DPR elections, so that making new or small parties will not be able to nominate the President and Vice President themselves, but parties can form a coalition.

scholarly journals The extent to which participants in the indonesian legislative elections obey the rules

2020 ◽  
Vol 86 ◽  
pp. 01008
Author(s):  
Eko Suyono ◽  
Oman Rusmana ◽  
Agung Praptapa
Keyword(s):  
Political Parties ◽  
Descriptive Analysis ◽  
Evaluation Process ◽  
General Election ◽  
Legislative Elections ◽  
Study Evaluation ◽  
General Elections ◽  
Compliance Audit ◽  
The Republic ◽  
Laws And Regulations

This study aims to evaluate the extent to which the compliance of legislative candidates as participants of the 2019 Indonesian general election is related to the rules for reporting campaign funds. To achieve this objective, this study uses election rules indicators that relate to the rules of campaign finance reporting with reference to 21 indicators according to Law No. 7 of 2017 concerning General Elections in the Republic of Indonesia along with all derivative rules. Based on the rules that apply in Indonesia, general election participants who do not comply with the rules for reporting campaign funds can be canceled from the process of election as legislative members. In other words, the results of the compliance audit which concludes that a legislative candidate does not comply with the rules for the reporting of campaign funds could be canceled as a legislative member. This study uses the “X” Political Party legislative members from South Kalimantan Province, including legislative candidates for the DPR-RI, Provincial DPRD, and district/city DPRD. The total number of legislative candidates from Party X is 11 for the DPR-RI from 2 electoral areas, 55 for the Provincial DPRD from 7 electoral areas, and 296 for district/city DPRDs from an average of 5 electoral areas for each district/city. By setting a sample of 20% of the population, this study ended-up with 74 legislative candidates as the sample., i.e, 3 DPR RI legislative candidates, 11 legislative candidates for the provincial DPRD, and 60 legislative candidates for district/city DPRD. Descriptive analysis method is used to answer the problems in this study. Evaluation of compliance with the reporting of campaign funds is carried out by using compliance audit procedures through review of existing supporting documents and interviews with legislative candidates who are selected as the sample as confirmation procedure. The review of documents is carried out carefully and thoroughly to evaluate whether the legislative candidates from political parties follow the rules in the mechanism of reporting the campaign funds for the period February 20, 2018, until April 25, 2019. After the entire evaluation process conducted in May 2019 has been completed, this study concluded that in general, the legislative candidates adhere to the rules of campaign funds reporting in accordance with applicable laws and regulations. This study does not find any material deviations from applicable laws and regulations.

scholarly journals Party system and structure of party competition in the Republic of Srpska

2017 ◽  
pp. 27-38
Author(s):  
Stefan Vukojevic
Keyword(s):  
Political Parties ◽  
Party System ◽  
Party Systems ◽  
Theoretical Framework ◽  
Party Competition ◽  
National Assembly ◽  
General Elections ◽  
The Republic

In this paper the author analyzes the party system and structure of party competition in the Republic of Srpska, from the first postwar general elections for the National Assembly held in 1996, until the latest elections held in 2014. Based on Giovanni Sartori?s typology of party systems, the author classifies the party system in the Republic of Srpska and analyzes the structure of party competition by using Peter Mair?s theoretical framework. Determination of party system in the Republic of Srpska based on its numerical/ideological typology does not tell us much about the very essence of the party system. By means of Peter Meir?s three criteria, the author analyzes the structure of party competition which fosters a wider perspective of understanding the party system and defines its essence more precisely. Regardless of the various changes to which political parties are exposed, the very essence of the party system is manifested through tendency to gravitate towards stable patterns of party competition.

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