scholarly journals Organizing Democracy through General Elections in Indonesia: The Challenge of Law Enforcement and State Stability

2019 ◽  
Vol 5 (2) ◽  
pp. 333
Author(s):  
Ridwan Arifin ◽  
Saktiani Nurul Hidayat
Keyword(s):  
Law Enforcement ◽  
Vice President ◽  
Legal Framework ◽  
Transition To Democracy ◽  
Constitutional Court ◽  
Leadership Succession ◽  
Simultaneous Interpretation ◽  
The People ◽  
General Elections ◽  
Selection Of

One of the developments in Indonesia's political democracy is marked by the existence of legal framework that state sovereignty belongs to the people and is carried out in accordance with the 1945 Constitution. On the basis of the formulation of leadership succession in the executive and legislative branches it is mandated by Article 22 E paragraph (2). However, in practice the constitutional arrangement in Law Number 42 of 2008 concerning the General Election of the President and Vice President shows that it is inconsistent with statements in the constitution. As stipulated in Article 3 paragraph (5) states that the election of the President and Vice President is held after the election of the DPR, DPD and DPRD. At the end of the Constitutional Court through Decree No. 14/PUU-XI/2013 states that the selection of models is unconstitutional. Based on this assessment the constitutionality of the norm selection method is based on the simultaneous interpretation of the constitution both from the initial intentions and historical interpretations. The simultaneous constitutional electoral plan was called born as an effort to shift the direction of the transition to democracy in a strengthening system so that democratic consolidation of direct democratic practices tends to be transactional, corrupt, manipulative, high cost and to preserve power can be minimized in the practice of constitutional democratic dimensions to understand and sovereign.

scholarly journals INTEGRATED LAW ENFORCEMENT (GAKKUMDU) IN MANAGING GENERAL ELECTIONS IN INDONESIA

2019 ◽  
Vol 3 (1) ◽  
pp. 63-78
Author(s):  
Ridwan Arifin
Keyword(s):  
Law Enforcement ◽  
Vice President ◽  
General Election ◽  
Legislative Elections ◽  
The People ◽  
General Elections ◽  
The Creation ◽  
The Law ◽  
Democratic Elections

The number of general elections in Indonesia, such as in regional head elections, leagislative elections and in the election of president and vice president. In general elections, the president and vice president are often referred to as legislative elections, while the head of the region itself has the title, namely regional head elections only. The proverb says that where there is a rule there will be an offense. Therefore, to avoid any undesirable things, an improvement is needed to deal with this. In order to avoid fraud, in the improvement there is certainly an institution that regulates, namely from the law apparatus, as an apparatus in law enforcement is required to be able to ensure the existence of violations in the implementation of elections only because solely to enforce integrated law. In fact, the general election is always interesting so that it can be investigated, which is contained in the rules, implementation, and in the participants and the community. It certainly determines the success of the general election. If the rules are already felt or considered to be good in its implementation without capable law enforcement so that it will be difficult also in its realization. Good rules and good law enforcers also cannot maximize if the people themselves are ignorant and do not care about existing regulations. So, order between the three of them bound each other. In general elections it does not only involve one or two people, but requires a lot of people, so that the community is required to participate in issuing their opinions. But with so many parties participating in the election, there were many violations of the implementation, for example in 2014, where there were still many violations in general elections. Whereas at that time there was a socialization of the implementation of the general election which was socialized by the KPU and Bawaslu, not only socialization but also from the Bawaslu and its staff who participated in efforts to prevent the occurrence of violations in general elections. Although in the end socialization in prevention still cannot reduce the number of violations that exist. In dealing with this problem the creation of a system can reduce violations during the election, namely the process of synergy of Gakkumdu with the aim of realizing democratic elections in 2019 in the hope that it can provide the effect of clarity and change in carrying out general elections

scholarly journals PEMILIHAN UMUM SERENTAK DAPAT MEMPERKUAT SISTEM PRESIDENSIAL

Solusi ◽  
2018 ◽  
Vol 16 (3) ◽  
pp. 227-240
Author(s):  
Barhamudin Barhamudin
Keyword(s):  
Presidential Election ◽  
Secondary Data ◽  
Vice President ◽  
Constitutional Court ◽  
Legislative Elections ◽  
Presidential Candidates ◽  
The People ◽  
General Elections ◽  
The Republic ◽  
Presidential Systems

The purpose of this research is to find out whether general elections simultaneously have an influence on strengthening presidential systems. To find out the implications of simultaneous elections on elections in Indonesia. The research method in this study uses a normative juridical approach used to study or analyze secondary data in the form of legal materials, especially primary legal materials and secondary legal materials. Primary legal material is the 1945 Constitution of the Republic of Indonesia, Law Number 7 of 2017 concerning General Elections, Decision of the Constitutional Court Number 14 / PUU-XI / 2013 etc. Secondary legal materials are those that provide explanations and interpretations of sources of primary legal materials such as law books, legal journals, and others. Tertiary legal materials are legal materials that provide guidance or explanation of primary and secondary legal materials such as legal dictionaries, encyclopedias, and related documents. The results of the study were argued that the holding of elections simultaneously with the plurality system itself actually tended to produce few presidential candidates. When presidential elections the supporters of candidates in this system tend to ignore candidates who are not competitive (non-viable) so they can focus on the top two candidates. This encouraged a coalition process between parties from the start because there was only one election round. The party that should submit its own candidate but the candidate is less competitive tends to drop the candidate and endorse one of the two most competitive candidates. The plurality system, if implemented separately from the legislative elections, the parties in the legislative elections do not need to think about the influence of the presidential election. This plurality mechanism affects parties when carried out simultaneously with legislative elections. The parties tend to nominate one of the two most competitive candidates, and lead to gathering support for the legislative parties in the two candidates. When one of the candidates wins the presidential election, then support for the president in the legislature tends to be the majority or close to the majority. The combination of the presidential plurality election system carried out simultaneously with legislative elections is the most likely to help strengthen multi-party presidential systems. Thus the simultaneous implementation of elections will strengthen the presidential system in which the President and Vice-President are elected to gain strong legitimacy from the people, in order to realize the effectiveness of government and also the support base of the DPR.

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 Local Self-Government in the Public Government System: A New Constitutional Dimension

2020 ◽  
Vol 10 ◽  
pp. 23-26
Author(s):  
Oleg A. Kozhevnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Framework ◽  
Constitutional Court ◽  
Public Power ◽  
The Public ◽  
System A ◽  
International Obligations ◽  
The Russian Federation ◽  
The Law

The article analyzes certain provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” in terms of regulatory regulation of local self-government. According to the analysis the author comes to the conclusion that with the entry into effect of the mentioned legal act the content of individual elements of the constitutional-legal bases of local self-government will change, but the nature and scope of modifications in many respects will depend on the provisions of the rules of sectoral legislation aimed at implementing the relevant provisions of the Constitution. In this regard, the Federal legislator has a huge responsibility to create an “updated” legal framework for the implementation of the constitutional foundations of local self-government, taking into account the already established law enforcement practice, the positions of the constitutional court of the Russian Federation, as well as the state's international obligations under the European Charter on local self-government.

scholarly journals The Elimination of Constitutional Court's Authority in The Dispute Case of General Election of Regional Head (Analysis of Decision of the Constitutional Court Number 97/PUU-XI/2013)

2017 ◽  
Vol 5 (2) ◽  
Author(s):  
Jentel Chairnosia
Keyword(s):  
Dispute Resolution ◽  
Vice President ◽  
General Election ◽  
Constitutional Court ◽  
The Public ◽  
The People ◽  
The Law ◽  
Settlement Of Disputes

The enactment of Law Number 32 Year 2004 is a manifestation of the development ofadvanced democracy, namely all local chief elected directly by the people except the positionof the Governor of Yogyakarta. However, in its development, the implementation of theGeneral Elections of Regional Head gave rise to dissatisfaction which resulted in the appealof the results of the General Election to the court for various reasons. The presence of theConstitutional Court as an institution that resolved the dispute over the General Election ofRegional Heads has not been able to provide justice to the public, especially the emergenceof many Constitutional Court rulings that cause debate. In its development, the ConstitutionalCourt abolished its authority in the settlement of disputes in the General Election of RegionalHeads as stipulated in Decision Number 97 / PUU-XI / 2013. The Constitutional Court is ofthe opinion that the Constitutional Court only has the authority to resolve election disputes ofDPR, DPD, President/Vice President because the election is done nationally, while theelection is conducted in certain areas only. In addition, the volume of incoming cases relatedto election disputes more than the law review case which is the main authority of theConstitutional Court, so that this can affect the quality of the decisions of the ConstitutionalCourt considering the dispute resolution of the results of the General Election should beterminated within fourteen days. DOI: 10.15408/jch.v5i2.7090

scholarly journals Reviving the Broad Guidelines of State Policy (GBHN) as the Product of People’s Consultative Assembly (MPR) in the Presidential Government System in Indonesia

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (4) ◽  
pp. 307
Author(s):  
Yusdiyanto Yusdiyanto
Keyword(s):  
State Policy ◽  
Separation Of Powers ◽  
National Development ◽  
Vice President ◽  
Development Planning ◽  
Financial Supervision ◽  
Planning System ◽  
Constitutional Court ◽  
The People ◽  
Constitutional System

The research aims to enlight the overview about the urgent of the Broad Guidelines of State Policy (GBHN) as the product of the People’s Consultative Assembly (MPR) by using the dogmatic approach. The amendment of the 1945 Constitution has changed the Indonesian constitutional system. According to the article 2 paragraph (1) of the 1945 Constitution, highest authority remains in the hands of the people and is carried out according to the Constitution. The constitutional design of the Indonesian government system is presidential. However, the implementation often reaps many obstacles and problems, the consequences of amendments, eliminating the authority of the People’s Consultative Assembly (MPR) in terms of electing the President and Vice President, and determining the Broad Guidelines of State Policy (GBHN). MPR is no longer placed as the highest institution of the country and the perpetrators of popular sovereignity. The Constitution which is the holder of popular sovereignty in the practice adheres to a clear and strict understanding of the separation of powers. Like in the legislative field there are People’s Consultative Assembly (MPR), House of Representatives (DPR) and Regional Representative Board (DPD); in the executive field there are Presidents and Vice Presidents elected by the people; in the judicial sector there are the Supreme Court, the Constitutional Court and the Judicial Commission; in the field of financial supervision there is a Indonesian Supreme Audit Institution (BPK). Changes in the position, function and authority of the MPR have implications for the emergence of the National Development Planning System and the National Long-Term Development Plan which became the authority of the elected President. The President that won the election as a basic guidelines for implementing development as the replacement of the GBHN.  

scholarly journals Analisis Peran Komisi Pemilihan Umum (KPU) Kota Samarinda dalam Meningkatkan Komunikasi Partisipasi Politik Masyarakat dalam Pemilu 2019

2019 ◽  
Vol 23 (2) ◽  
pp. 127-140
Author(s):  
Muhammad Noor ◽  
Hairunnisa Hairunnisa ◽  
Ghufron Ghufron
Keyword(s):  
Political Participation ◽  
Sampling Technique ◽  
Vice President ◽  
Political Activities ◽  
Purposive Sampling ◽  
The Public ◽  
The People ◽  
The City ◽  
Election Commission ◽  
Selection Of

April 17, 2019 has passed with every story, the election is a democratic process to elect the President and Vice President 2019-2024, this election is held simultaneously with the legislative general election. In this 2019 election. Are the steps and actions of the Samarinda City Election Commission team carrying out education and outreach to the public about the urgency of awareness of choosing a trustworthy central and regional leader for the next 5 years. Either through conventional media or social media that is currently being used by young people in the city of Samarinda, because it is undeniable that the number of beginner voters has a not small quota. Besides that, it also discusses how the communication of the political participation of the people of Samarinda City in following and enlivening the 2019 Election. Political participation is to take part or take part in state political activities or activities. In determining the selection of informants can use purposive sampling technique. Purposive sampling technique is to determine the sample with certain considerations that can provide maximum data and subjects / objects according to the purpose. Samarinda City KPU can be said to be trustworthy and attractive, so it is expected that as a source / communicator it can recognize well and have knowledge of the communicants it faces in its socialization activities to increase political participation in the 2019 elections  Key Word : Role, Election Commission, Political Participation, Elections ABSTRAK Tanggal 17 April 2019 telah berlalu dengan setiap cerita, Pemilu merupakan sebuah proses demokrasi untuk memilih Presiden dan Wakil Presiden periode 2019-2024, pemilihan ini dilaksanakan serentak dengan pemilihan umum legislatif. Pada Pemilu tahun 2019 ini. Apakah langkah-langkah dan sepak terjang tim Komisi Pemilihan Umum Kota Samarinda telah melaksanakan edukasi dan sosialisasi kepada masyarakat tentang urgensi kesadaran memilih pemimpin pusat dan daerah yang amanah untuk 5 tahun ke depan. Baik melalui media konvensional ataupun media sosial yang marak saat ini dipergunakan oleh pemuda di kota Samarinda, karena tidak dipungkiri bahwa jumlah pemilih pemula memiliki kuota yang tidak sedikit. Selain itu membahas pula bagaimana komunikasi partisipasi politik masyarakat Kota Samarinda dalam mengikuti dan memeriahkan Pemilu 2019 ini.  Partisipasi politik adalah mengambil bagian atau mengambil peranan dalam aktivitas atau kegiatan politik negara. Dalam penentuan pemilihan informan dapat menggunakan teknik Purposive Sampling.Teknik purposive sampling adalah menentukan sampel dengan pertimbangan tertentu yang dapat memberikan data secara maksimal serta subjek/objek sesuai tujuan. KPU Kota Samarinda bisa dikatakan, dapat dipercaya dan memiliki daya tarik, maka diharapkan sebagai sumber/komunikator dapat mengenali dengan baik dan memiliki pengetahuan akan komunikan yang dihadapinya dalam kegiatan sosialisasi yang dilakukan untuk meningkatkan partisipasi politik pada Pemilu 2019. Kata Kunci : Peran, KPU, Partisipasi Politik, Pemilu  

scholarly journals Kedudukan Dan Fungsi Wakil Presiden Republik Indonesia Dalam Sistem Ketatanegaraan Indonesia

2021 ◽  
Vol 16 (1) ◽  
pp. 58-76
Author(s):  
Suparto Suparto
Keyword(s):  
Single Unit ◽  
Vice President ◽  
The People ◽  
The Future ◽  
General Elections

The position of the Vice President and the President is not equal, even though the President and Vice President are a single inseparable institution. The position of the President and Vice President which is not equal shows that the presidential institution is the organizer of a single government system. The position of the Vice President cannot be separated from the President as a unit of positions which are directly elected by the people through general elections. Then, the duties and powers of the Vice President in the 1945 Constitution do not provide regulation, because the provisions of Article 4 paragraph (2) of the 1945 Constitution only mention their duties as assistant to the President, even though the President and Vice President are a single unit of office elected by the people through general elections. The authority of the Vice President is the authority mandated by the President to assist the President in implementing laws so that the responsibility remains with the President. The authority of the Vice President as a substitute for the President is all the powers that are in the position of President. In the future, it is necessary to make a law as an elaboration of the provisions of Article 4 paragraph (2) of the 1945 Constitution

scholarly journals El personal directivo público a la luz de la última reforma de la administración pública italiana y tras la sentencia n. 251/2016 del Tribunal Constitucional = The public management since the last Italian public administration reform and after the n. 251/2016 ruling of the Constitutional Court

2016 ◽  
pp. 7
Author(s):  
Giuseppina Pensabene Lionti
Keyword(s):  
Public Administration ◽  
Public Management ◽  
Legal Framework ◽  
Constitutional Court ◽  
Critical View ◽  
The Public ◽  
Public Administration Reform ◽  
El Sistema ◽  
Sobre Todo ◽  
Selection Of

<p>Las normas contenidas en la Ley n. 124/2015 (“Reforma Madia”) abren un nuevo período de reformas del empleo público italiano, según los (proclamados) principios de simplificación, flexibilidad y unidad. Las previsiones concernientes al personal directivo público contenidas en el art. 11 de la citada Ley y en el esquema de decreto legislativo aprobado el 26 agosto de 2016 suscitan especial interés. Entre ellas, destacan las relativas a la unificación de los “ruoli dirigenziali” y a la abolición de las “due fasce”; no sólo por su alcance innovador, sino también por las conexas consecuencias que de ellas derivan y que se reflejan tanto en las modalidades de selección de dicho colectivo (aún en el ámbito de la especificidad de cada una de las “ramas” de la Administración Pública), como en la asignación del puesto y en el sistema de atribución de los cargos directivos. Se señalan pues los aspectos de mayor criticidad de la nueva regulación, sobre todo bajo el perfil de las responsabilidades, de la eficacia de las funciones públicas y de la armonía constitucional; pudiendo derivar este “hipernormativismo” en una disminución de tutelas efectivas. Todo ello sin abandonar un enfoque crítico sobre la “evanescencia” de dicha reforma que todavía no ha entrado en vigor, puesto que el Tribunal Constitucional italiano, con la sentencia n. 251 del 25 de noviembre de 2016, ha declarado la inconstitucionalidad, entre otras normas, del citado art. 11.</p><p>This paper examines the provisions contained in Law n. 124/2015, that opened a new season of reforms for the Italian public labour, in accordance with the (declaimed) principles of simplification, flexibility and unity. It is worth highlighting the legal framework provided by article 11 and by the decree law approved last August, in particular focusing on the unification of directive roles and the abolition of the two executive classes. The innovative character of the recently mentioned article (which was affected by the n. 251/2016 ruling of the Constitutional Court), has also affected the process for the selection of executives in the different areas of the Public Administration; hence, the new norms have adjusted the procedure for the assignment of roles and entrustment of the heads of the Administration. All of this it is examined without leaving a critical view of this reform that has not been approved yet.</p>

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.

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