scholarly journals HOW DEMOCRACY IS ELECTION? REASSESSING ARTICLE 18 (4) OF THE 1945 CONSTITUTION AND ITS IMPLICATION TO THE REGIONAL HEAD ELECTION IN INDONESIA

2019 ◽  
Vol 8 (2) ◽  
pp. 315
Author(s):  
Muhammad Bahrul Ulum
Keyword(s):  
Political Parties ◽  
Regional Level ◽  
General Election ◽  
Constitutional Court ◽  
Local Democracy ◽  
Direct Election ◽  
Dispute Settlements ◽  
Selection Of ◽  
Regional Governments

This paper aims to reassess the term “elected democratically” in Article 18 (4) of Indonesia’s revised 1945 Constitution which resulted in the competing interpretation over the appropriate method for selecting heads of regional governments in Indonesia. In fact, the flexibility of such a term was challenged and negotiated to formulate an appropriate mechanism to select heads of regional governments. In 2004, the Constitutional Court concluded that the legislative body was the ultimate institution to interpret “elected democratically” so that this institution can opt whether a regional head election or an indirect election to define such a term. While the regional head election was applied, including its dispute settlements over electoral results to the Constitutional Court, this Court considered a different argument. In 2013, the Constitutional Court reinterpreted such an article by highlighting that the regional head election should be exempted from the general election subjected to Article 22E (2) of 1945 Constitution. In 2014, President Yudhoyono’s rejection from his agreement after the enactment of the Selection of Heads of Regional Governments Bill put further juridical contentions in which the President finally revoked the adoption of the regional head voting by the Regional People’s Representative Council or Dewan Perwakilan Rakyat Daerah (DPRD). As a consequence, the regional head election has been re-adopted and this regional election has remained to be expected to improve the performance of local democracy. The introduction of this direct election model at the regional level, however, questions the important role of political parties because the adoption of this election was substantially to answer public distrust against them. In particular, the debate whether political parties work becomes intense after non-party candidates are allowed to contest to this election.

scholarly journals Why, sometimes, primaries? Intraparty democratization as a default selection mechanism in German and Spanish mainstream parties

2018 ◽  
Vol 26 (5) ◽  
pp. 594-604 ◽  
Author(s):  
Javier Astudillo ◽  
Klaus Detterbeck
Keyword(s):  
Political Parties ◽  
Selection Method ◽  
Regional Level ◽  
Selection Mechanism ◽  
Leadership Selection ◽  
Limited Knowledge ◽  
Western Democracies ◽  
Selection Of

In many Western democracies, political parties have started to open to members the selection of their leaders. While most studies focus on the introduction of this new selection method, its subsequent practice is still understudied. The article contributes to our still limited knowledge of this process by looking at two multilevel countries, Germany and Spain, where the mainstream parties have sometimes organized membership ballots, especially at the regional level, for leadership selection. Thanks to two original databases on party conferences and membership ballots, the article analyzes the background of this process and reviews the most common explanations offered by the literature. It shows that they are not held when parties want to regain power, or party chairs seek their nomination, as commonly believed, but when there are intraparty leadership disputes.

scholarly journals Compromesso astorico: the role of the Senate after the Italian constitutional reform

2016 ◽  
Vol 47 (1) ◽  
pp. 87-104 ◽  
Author(s):  
George Tsebelis
Keyword(s):  
Economic Consequences ◽  
Constitutional Reform ◽  
Veto Players ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
Agenda Setter ◽  
The Government ◽  
New Policies ◽  
Selection Of

The article examines the content of the constitutional amendments with respect to the Senate. While symmetric bicameralism would be abolished with respect to policymaking, it would be preserved and even exacerbated with respect to constitutional revisions. The consequences of the first would be a reduction of the number of institutional veto players, which would lead to the facilitation of policy change, and an increase in the power of the government (who is the agenda setter). The content of the new policies remains unknown, as are the economic consequences of the proposed changes. Constitutional revisions would become more difficult, because the ideological distance between the Chamber of Deputies and Senate would be likely to increase (because of the mode of selection of Senators), while article 138, which specifies the requirements for amendment to the constitution, would remain the same. As a result, the role of the Italian Constitutional Court would also likely increase.

scholarly journals The Analyses of the Idelogy and History of National Outlook Movement in Turkey

2020 ◽  
Vol 7 (4) ◽  
pp. 1110-1120
Author(s):  
Namig MAMMADOV
Keyword(s):  
Political Parties ◽  
Driving Forces ◽  
Free Market ◽  
Political Life ◽  
Party Leader ◽  
The Political ◽  
Constitutional Court ◽  
True Path ◽  
History Of

This article examines and analyzes the history of the formation and development of the National Outlook Movement in Turkey, its ideology and social base and the main driving forces, as well as the main political parties and their activities. The article also analyzes the historical circumstances that influenced the formation and development of the movement, including the role of the movement's leader, prominent scientist and researcher, professor Najmeddin Erbakan, as well as the reasons for his entry into the political arena and its consequences. The role of N. Erbakan in the political life of Turkey was investigated and tried to be evaluated. It was noted that, the main ideology of the National Outlook parties is a free market economy without interest, the strengthening of production, the establishment of a just society in which basic human rights are protected, and so on.The first openly political Islamist political party in Turkish history was the National Order Party, formed on January 30, 1970. However, the party did not last long and was closed in 1971 by a decision of the Constitutional Court. Instead, party representatives formed the National Salvation Party in October 1972. This party, like all other political parties in Turkey, was closed after the 1980 coup. However, it became a partner of the government for the first time, and one of the most important decisions of this government was send of Turkish forces to Cyprus.With the permission of the National Security Council, the Welfare Party (WP) was formed in 1983 under the leadership of Ahmet Tekdal, representing the same direction. After the lifting of political bans, N. Erbakan was re-elected party leader. The 1990s marked a new stage in the development of the National Outlook movement. The Welfare Party's reputation began to rise. In the 1995 elections, the party won 21 percent of the vote. In 1996, N. Erbakan formed a coalition government with the True Path Party, led by Tansu Chiller. This government resigned as a result of the February 28 process, and the party was dissolved. The members of the party formed the Virtue Party. Disagreements between innovative and conservative groups within the party led to the formation of two political parties, the Justice and Development Party and the Felicity Party, after the party was dissolved in 2001.

scholarly journals PARTISANSHIP AND VOTING BEHAVIOR: A CASE STUDY OF GENERAL ELECTION 2008 IN DISTRICT CHARSADDA

2016 ◽  
Vol 1 (1) ◽  
pp. 53-64
Author(s):  
Hassan Shah ◽  
Jan Alam ◽  
Sumbal Jameel
Keyword(s):  
Political Parties ◽  
Voting Behavior ◽  
Sampling Method ◽  
General Election ◽  
Khyber Pakhtunkhwa ◽  
2008 Election ◽  
Multistage Sampling

The role of Political parties and politicians are indispensable for making democracy. The finding the paper is the role of political parties and the personality of the contesting candidate in shaping voting behavior in District Charsadda in the 2008 election. The focused area of the study is district Charsadda of Khyber Pakhtunkhwa. The data collected through a multistage sampling method in which ten union councils out of 49 were selected which 20% of the total union councils.

scholarly journals Politics of the Nobility: The Study of Growing Capital Andi in the Mayor`s Election of Palopo 2013-2018

2021 ◽  
Vol 9 (1) ◽  
pp. 1-9
Author(s):  
Samsul Samsul ◽  
Zuli Qodir
Keyword(s):  
Political Parties ◽  
Cultural Capital ◽  
Community Organizations ◽  
Symbolic Capital ◽  
Economic Capital ◽  
Community Leaders ◽  
The Social ◽  
The City ◽  
Selection Of

The purpose of this research is to find out what causes the weakening of the capital of Andi's nobility in Palopo City in the selection of candidates for mayor and what is the role of Andi's nobility in political contestation. This type of research is descriptive qualitative. The results showed that the capital owned by Andi's aristocracy in Palopo City was. First, the social capital built by Andi's nobility had not been carried out in a structured way from relations with the general public, community leaders, with community organizations, to officials in the bureaucracy and most importantly, Political parties. Second, economic capital is an important thing that used in the Mayor Election contestation in the City of Palopo, Bangsawan Andi figure who escaped as a candidate for mayor does not yet have sufficient capital in terms of funds. Third, the cultural capital owned by Bangsawan Andi, who escaped as a candidate for mayor, still lacked a high bargaining value in political contestation in Palopo City. Fourth, the Symbolic Capital is a capital that sufficiently calculated in the mayor election dispute in Palopo City, namely the title of nobility obtained from the blood of the descendants of the Luwu kings, only it must be accompanied by other capital to elected in political contestation.

scholarly journals Tindak Pidana Pemilihan Sebagai Dasar Perselisihan Hasil Pemilihan Umum Kepala Daerah

2017 ◽  
Vol 17 (1) ◽  
Author(s):  
Rahmanu Wijaya
Keyword(s):  
Dispute Resolution ◽  
General Election ◽  
Constitutional Court ◽  
Election Law ◽  
Movement Rate ◽  
The Past ◽  
Direct Election ◽  
Dynamic Movement ◽  
The People ◽  
Election Results

<p><em>The resolution of dispute over election results of regional head experienced a dynamic movement rate, in line with the dialectic of the implementation of election regional head itself. Whereas in the past, based on Article 34 Paragraph (1) of Indonesia Law Number 22 Year 1999, the filling of the position of regional head and deputy head of region shall be conducted by the Regional House of Representative by a peaceful election. However, since the enactment of Indonesia Law Number 32 Year 2004, in Article 24 paragraph (5) determined the filling of the position of regional head and regional representatives implemented through direct election by the people in the region concerned. This direct election which eventually became part of the election law regime based on Article 236 C of Indonesia Law Number 12 Year 2008. In line with the development of the election, there was also a mechanism for dispute resolution of the results of General Election based on Article 157 paragraph (3) of Indonesia Law Number 8 of 2015 becomes the absolute competence of the Constitutional Court where one of the reasons for the filing of a petition is based on an election crime.</em><em></em></p><strong><em>Keywords:</em></strong><em> Crime of Elections, Dispute on Results of General Election of Regional Head</em>

scholarly journals The existence of local parties in the perspective of banda aceh citizens

2022 ◽  
pp. 111-118
Author(s):  
Taufik Abdullah ◽  
Mr. Hamdani ◽  
Mr. Mulyad
Keyword(s):  
Political Parties ◽  
Local Democracy ◽  
Peace Agreement ◽  
Starting Point ◽  
Study Results ◽  
Free Aceh Movement ◽  
The Government ◽  
First Time ◽  
Banda Aceh

The legitimacy of local political parties in Aceh results from a peace agreement between the Free Aceh Movement and the Government of Indonesia. Local political parties provide new hope and alternative for people who previously only voted for national parties. Since participating in the election for the first time, local political parties have obtained the people's mandate to fill legislative and executive powers. But along the way, local political parties experienced a crisis of trust. Parliamentary seat gains declined dramatically over the three election periods. This is the starting point for studying local political parties in a limited scope in Banda Aceh City. Through a qualitative approach, the results of this study describe contextual conditions from the perspective of civil society or city residents. The study results explain the lack of seats for local political parties. Residents see that local political parties have not strengthened as a catalyst in influencing policy and have not appeared unique and specific to distinguish them from national political parties. In the future, the role of local political parties is expected to be more critical in fighting for local democracy substantially.

scholarly journals SIFAT KEPUTUSAN BADAN PENGAWAS PEMILIHAN UMUM DALAM PENYELESAIAN SENGKETA PEMILIHAN UMUM

2021 ◽  
Vol 3 (4) ◽  
pp. 125-131
Author(s):  
Mia Siratni
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Research Method ◽  
General Election ◽  
Constitutional Rights ◽  
Legal Norms ◽  
Laws And Regulations

Bawaslu resolves by deliberation by bringing together the disputing parties to then take a final and binding decision. The final and binding nature of this Bawaslu decision does not apply to certain disputes, namely the dispute over the verification of political parties participating in the General Election and the determination of the final list of candidates for the election of members of the DPR, DPD, and DPRD. The existence of these two characteristics of Bawaslu's decision then led to different interpretations between Bawaslu and the KPU. The formulation of the problem, namely 1). The authority of Bawaslu in resolving election disputes regarding the task of supervising the implementation of elections, 2). The nature of Bawaslu's decisions in resolving election disputes. The research method used in this paper is normative juridical, namely an approach to legal norms or applicable laws and regulations, theories, and history. From the discussion of the problem, it is concluded that a decision that is final and binding is given to Bawaslu by law in order to end election disputes so that it will show the role of Bawaslu as a unified function of organizing elections. Meanwhile, exceptions to the nature of final and binding decisions on political party verification disputes and the permanent list of candidates for members of the DPR, DPD, and DPRD indicate that Bawaslu is not a judicial institution, so it cannot decide disputes related to constitutional rights as election participants.

scholarly journals The Concept of Regional General Election Dispute Resolution During the Reformation Era

2021 ◽  
Vol 8 (8) ◽  
pp. 390
Author(s):  
Nofi Sri Utami ◽  
Abid Zamzami ◽  
Bahroin Budiya
Keyword(s):  
Dispute Resolution ◽  
General Election ◽  
Constitutional Court ◽  
Political Awareness ◽  
Direct Election ◽  
The Reformation ◽  
Democratic Ideals ◽  
Election Results ◽  
Democratic Principles ◽  
Election Commission

A form of democracy’s manifestation is the organization of the general election, namely a ritual carried out to choose a leader. Indonesia’s general election is aimed to achieve people’s sovereignty and simultaneously apply the democratic principles and values, to increase the people’s political awareness to actively participate in the general election to achieve the Indonesian people’s democratic ideals. The first organization of the Head of the Region elections was during the Reformation Era, specifically in 2005, through direct election. The implementation of this direct regional general election surely resulted to some disputes. The direct organization of head of the regions certainly resulted to disputes, including the dispute between the General Election Commission and the general election participants regarding the national general election vote obtainment results which may influence the election participants’ seat acquisition. Another dispute regards the head of the region general election results. Formerly, the resolution of this type of dispute was carried out at the constitutional court.

scholarly journals DINAMIKA KOMUNIKASI POLITIK DALAM PILKADA DI INDONESIA

2019 ◽  
Vol 17 (33) ◽  
pp. 112
Author(s):  
Samsul Rani
Keyword(s):  
Political Parties ◽  
Mass Media ◽  
Political Communication ◽  
Public Concern ◽  
Legal Cases ◽  
Political Messages ◽  
The Mass Media ◽  
Regional Elections ◽  
Selection Of

The phenomenon of 2018 regional elections can be seen in the selection of candidate pairs, party coalitions, and the delivery of political messages conveyed by political parties and candidate pairs, which have given birth to a variety of maneuvers, rivalries in the formulation of political strategies to support or subdue each other. This communication constellation has shaped the dynamics of Pilkada political communication in Indonesia. Of the 171 regions that held elections, 16 of them had a single candidate whose average candidate pair was supported by 6 to 12 political parties. The phenomenon of mutually changing pairs of candidates or revoking support has become a public concern in the elections. This can be caused by unfulfilled supporting requirements, lobbying from other parties, low electability, legal cases, and political dowry. The role of the mass media in Pilkada is very good, because the mass media has become an independent and transparent party, the news related to the Pilkada is published based on facts and data, it does not appear that mass media "fry" the issues so that the condition of the community is more conducive and the elections run safely.

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