scholarly journals Pemenuhan Hak Politik Penyandang Disabilitas Mental dalam Pemilihan Umum

Kosmik Hukum ◽  
2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rizkon Maulana ◽  
Indriati Amarini ◽  
Ika Ariani Kartini
Keyword(s):  
Secondary Data ◽  
The Political ◽  
Political Rights ◽  
Mental Disabilities ◽  
Persons With Disabilities ◽  
General Elections ◽  
Pros And Cons ◽  
Right To Vote ◽  
The Right ◽  
Political Right

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

scholarly journals HAK MEMILIH PENYANDANG DISABILITAS MENTAL DALAM PEMILIHAN UMUM SERENTAK TAHUN 2019 DI INDONESIA

2019 ◽  
Vol 10 (1) ◽  
pp. 99
Author(s):  
Anies Prima Dewi ◽  
Idea Islami Parasatya
Keyword(s):  
Mental Health Professionals ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Constitutional Court ◽  
Mental Disabilities ◽  
The People ◽  
Permanent Memory ◽  
General Elections ◽  
Right To Vote ◽  
The Right

This study discusses the implementation of elections as an indicator in the democratic system because it is the people who determine the direction of the policy of state power through their political suffrage. The people as the highest authority in their voting rights are very important in the implementation of elections. After the issuance of the Constitutional Court ruling Number 14/PUU-XI/2013 concerning the implementation of simultaneous general elections in 2019, what became much of a conversation and debate was about the voters' rights for persons with mental disability. This study uses the normative legal research method. Using secondary data sources and qualitative descriptive analysis. The results of this study show that the KPU Commissioner stated that persons with mental disabilities can exercise their right to vote by bringing a letter of recommendation or information from a doctor to be able to exercise their right to vote at the polling station (TPS). This is confirmed after the decision of the Constitutional Court Number 135/PUU-XIII/2015 which states Article 57 paragraph (3) of the Election Law does not have binding legal force as long as the phrase 'mentally disturbed or memory' is not interpreted as' experiencing mental disorders and/or permanent memory impairment which according to mental health professionals has eliminated a person's ability to vote in elections'. This reinforces and becomes a normative basis that persons with mental disabilities have the right to vote in the simultaneous general elections in 2019.Keywords: general elections; people with mental disabilities; voting rights.ABSTRAKPenelitian ini mebahas tentang pelaksanaan pemilihan umum menjadi indikator dalam sistem demokrasi karena rakyatlah yang menjadi penentu arah kebijakan kekuasaan negara melalui hak pilihan politiknya. Rakyat sebagai pemegang kekuasaan tertinggi dalam hak pilihnya menjadi sangat penting dalam pelaksaan pemilihan umum. Pasca keluarnya putusan Mahkamah Konstitusi Nomor 14/PUU-XI/2013 mengenai pelaksanaan pemilihan umum serentak tahun 2019, yang menjadi banyak perbincangan dan perdebatan adalah mengenai hak pemilih bagi penyandang diisabilitas mental. Penelitian ini menggunakan metode Penelitian Hukum normatif. Menggunakan sumber data sekunder serta analisis deskriptif kualitatif. Adapun hasil penelitian ini terlihat bahwa Komisioner KPU menyatakan penyandang disabilitas mental dapat menggunakan hak pilihnya dengan membawa surat rekomendasi atau keterangan dari dokter untuk bisa menggunakan hak pilihnya di tempat pemungutan suara (TPS). Hal ini dipertegas pasca putusan Mahkamah Konstitusi Nomor 135/PUU-XIII/2015 yang menyatakan Pasal 57 ayat (3) Undang-Undang Pemilu tidak mempunyai kekuatan hukum mengikat sepanjang frasa ‘terganggu jiwa atau ingatannya’ tidak dimaknai sebagai ‘mengalami gangguan jiwa dan/atau gangguaningatan permanen yang menurut professional bidang kesehatan jiwa telah menghilangkan kemampuan seseorang untuk memilih dalam pemilihanumum’. Hal ini memperkuat dan menjadi dasar normatif bahwa penyandang disabilitas mental memiliki hak pilih dalam pelaksanaan pemilihan umum serentak tahun 2019.Kata kunci: hak memilih; pemilihan umum; penyandang disabilitas mental.

scholarly journals Accessibility of Persons with Disabilities in Realizing Elections with Integrity

2019 ◽  
Vol 1 (2) ◽  
pp. 105-114
Author(s):  
Yusdar Yusdar
Keyword(s):  
Disabled Persons ◽  
The Political ◽  
Political Rights ◽  
Legal Research ◽  
Conceptual Approach ◽  
Persons With Disabilities ◽  
Right To Vote ◽  
Access Rights ◽  
Constitutional Right ◽  
The Right

The right to vote and be elected is a constitutional right of citizens who are recognized as part of the rights to the same position in law and government. Elections are a very important momentum, in fact, the Election still often raises problems for persons with disabilities. Persons with disabilities are a group of persons with disabilities who most need special facilities so that they can choose independently so they can fulfill the principle of elections, namely Direct, General, Free and Confidential and Honest and Fair. So that the political rights of persons with disabilities have not been maximally fulfilled through the provision of accessibility in elections for them. This research is normative legal research. By using several methods of approach, namely: Legislative approach (statute approach), conceptual approach (conceptual approach), case approach (case approach). The results of the study show that the provision of accessibility space, not only on the momentum of giving rights (giving ballots to be tested) to persons with disabilities on voting days and hours in elections but giving accessibility to persons with disabilities in elections was given since the stages of election implementation were echoed. Ideally, Disabled Persons must have access as election organizers as well as election participants. The accessibility of persons with disabilities should not only be given to access rights as voters on the day and time of voting. Keywords:People with Disabilities; Elections; Integrity

scholarly journals Phenomenon of abstinence in democratic elections with reference to the General elections in Bosnia and Herzegovina

2020 ◽  
Vol 3 (3) ◽  
pp. 282-302
Author(s):  
Amir Ahmetović ◽  
Keyword(s):  
Bosnia And Herzegovina ◽  
Political Life ◽  
The Political ◽  
General Elections ◽  
Right To Vote ◽  
The Difference ◽  
The Right ◽  
Democratic Elections ◽  
Political Right

Abstinence is a conscious and voluntary waiver of one original political right, the right to vote. Often, the very act of abstinence is understood as a kind of election, as an expression of disagreement with political alternatives, candidates and parties participating in the elections. Abstinence is close to the notion of apolitical, that is the disinterest and indifference of citizens, of individuals and groups to politics and participation in the political life of the community. The paper analyzes the difference between abstinence in elections and apoliticality and attempts to point to the problem of increasing abstinence from voting in general elections in post-Dayton Bosnia and Herzegovina.

scholarly journals A LUTA DAS MULHERES PELO ESPAÇO PÚBLICO NA PRIMEIRA ONDA DO FEMINISMO: DE SUFFRAGETTES ÀS SUFRAGISTAS

2017 ◽  
Vol 8 (2) ◽  
pp. 261
Author(s):  
Kimberly Farias Monteiro ◽  
Leilane Serratine Grubba
Keyword(s):  
Feminist Movement ◽  
The Political ◽  
Political Rights ◽  
Cinema Studies ◽  
The Feminine ◽  
Political Outcome ◽  
Nineteenth And Twentieth Centuries ◽  
Right To Vote ◽  
The Right ◽  
Political Right

A luta das mulheres pela conquista de direitos, especialmente pelo direito civil e político ao voto, foi visível e teve nítido enfoque durante a denominada primeira onda do movimento feminista, que transcorreu pelos séculos XIX e XX. Muitos movimentos marcaram a reivindicação das mulheres pelo direito ao voto, em especial e como um dos mais marcantes, o movimento Sufragista. As Sufragistas, primeiras ativistas do feminismo no século XIX, passaram a ser conhecidas pela sociedade da época devido as suas fortes manifestações públicas em prol dos direitos políticos, com ênfase no direito ao voto. Esse cenário é retratado pelo filme As Sufragistas, estreado no ano de 2015, que relata a luta de mulheres pelo direito ao voto e o movimento sufragista liderado por Emmeline Pankhurst. O artigo problematiza o início da luta de gênero por direitos políticos, com ênfase nos estudos de Direito e Cinema. Dessa forma, a análise do resultado político na luta por direitos da primeira onda do movimento feminista pode ser exemplificado pelo filme As Sufragistas. O filme retrata as condições precárias da mulher no trabalho e sua submissão aos homens; mostra como o Direito e o Cinema podem relacionar-se com o intuito de explorar as realidades vivenciadas pelas mulheres em busca de seus direitos. Nesse sentido, o artigo objetiva, através da análise de cenas e linguagem do filme As Sufragistas, explorar a batalha das Sufragistas pela conquista do voto feminino e, consequentemente, demonstrar que, por meio do Cinema e através de suas imagens é possível retratar as realidades e, assim, as condições às quais as mulheres foram submetidas por longos anos. Palavras-chave: Direitos Humanos. Direitos Políticos. Cinema. Feminismo.Abstract: Women’s struggle for rights, especially civil and political right to vote, had a clear focus during the first wave of the feminist movement that went through the nineteenth and twentieth centuries. Many movements marked the women’s claim to the right to vote, in particular and one of the most striking, the Sufragist movement. Sufragists, the first activists of feminism in the nineteenth century, came to be known by the society of the time due to its strong public manifestations for political rights, especially the right to vote. This scenario is portrayed by the film Suffragette, released in the year 2015, which relates the struggle of women for the right to vote and the suffragist movement led by Emmeline Pankhurst. The purpose of this article is to analyze the beginning of the gender struggle for political rights, with emphasis on Law and Cinema studies. In this way, the analysis of the political outcome in the struggle for rights of the first wave of the feminist movement can be exemplified by the film Suffragette. The film portrays the precarious conditions of women at work and their submission to men; Shows how law and cinema relate to the purpose of exploring the realities experienced by women in search of their rights. In this sense, the present article aims, trought the analysis of scenes and language of the film Suffragette, to explore the battle of Sufragists by the conquest of the feminine vote and, consequently, demonstrate trought the Cinema and trought images it is possible to portray the realities and thus the conditions to which women were submitted. Keywords: Cinema. Feminism. Human Rights. Political Rights.

scholarly journals THE RIGHT TO VOTE FOR NON-RESIDENT CITIZENS IN EUROPE

2016 ◽  
Vol 65 (4) ◽  
pp. 859-894 ◽  
Author(s):  
Richard Lappin
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
Human Right ◽  
European Court ◽  
Civil And Political Rights ◽  
Right To Vote ◽  
The Right ◽  
Political Right

AbstractThe right to vote is the most important political right in international human rights law. Framed within the broader right of political participation, it is the only right in the International Covenant on Civil and Political Rights not guaranteed as a universal human right but rather as a citizen's right. While limitations on the right to vote are permissible in respect of citizenship and age, residency-based restrictions are not explicitly provided. However, recent judgments of the European Court of Human Rights endorse a view that voting rights may be conditioned on residency on the grounds of an individual's bond to their country-of-origin and the extent to which laws passed by that government would affect them. This article questions this proposition and explores whether disenfranchisement based solely on residency constitutes an unreasonable and discriminatory restriction to the essence of the right.

scholarly journals Towards Substantive Democracy In Indonesia: A Viewpoint

2020 ◽  
Vol 4 (2) ◽  
pp. 881-886
Author(s):  
I Made Gede Ray Misno
Keyword(s):  
Political Power ◽  
The Political ◽  
Political Rights ◽  
Political Position ◽  
Right To Vote ◽  
The Right

Democracy is the most appropriate choice for our nation in carrying out the life of the nation and state. With democracy, the political rights of every citizen are guaranteed to be the same. Every citizen has the right to vote and be elected into political power, in contrast to monarchies where hereditary law applies. Because all citizens have the same rights and obligations in politics, democracy can only work effectively if these political positions are filled or held by people who have good qualifications, competences, and morals, so that they are able to represent people. who have given him the confidence to occupy a given political position with the aim of mutual welfare, as stated in the Preamble to the 1945 Constitution.

scholarly journals On Disabilities

1970 ◽  
pp. 2
Author(s):  
Nawaf Kabbara
Keyword(s):  
The Political ◽  
Parliamentary Election ◽  
People With Disability ◽  
History Of ◽  
Right To Vote ◽  
The Right ◽  
Political Right ◽  
First Time ◽  
Disability Movement ◽  
Political Scene

The Lebanese parliamentary election was a very decisive moment in the country’s history. As a result of this election, a new parliamentary majority and discourse dominated the political scene. The election was also peculiar concerning the disability cause in Lebanon. For the first time in the history of Lebanon’s elections, disability became an issue. In fact, the Lebanese disability movement succeeded in launching two different but complementary campaigns during the election. The first one was engineered by both the Lebanese Physical Handicapped Union and the Youth Blind Association. Under the title “Haqqi” or “My Right,” the campaign focused on the right of people with disability to practice one of their most important rights: the political right to vote.

The Right to Vote

Getting By ◽  
2019 ◽  
pp. 849-874
Author(s):  
Helen Hershkoff ◽  
Stephen Loffredo
Keyword(s):  
Low Income ◽  
Electoral Politics ◽  
Voter Registration ◽  
The Political ◽  
Political Rights ◽  
The Poor ◽  
Vote Count ◽  
Right To Vote ◽  
The Right ◽  
Waiting Periods

This chapter discusses the right to vote. Democracy demands that every vote count and that every voter be able to shape social and economic policy. Equality of participation, however, is seriously undermined by the outsized role that money plays in American electoral politics—making the exercise of the franchise even more important for persons who are poor or have low income. The chapter discusses the legal and practical barriers that low-income citizens face when they go to the polls, including demands for identification cards, the need to take time off from work, and long waiting periods at the ballot box in neighborhoods that are poor or populated by persons of color. The chapter sets out the constitutional basis for the right to vote, locating current restrictions in past practices that excluded the poor and unpropertied, and impeded the political rights of African Americans after emancipation. Discussion focuses on conditions that states have attached to the right to vote, on protections afforded under federal statutes, and rules governing voter registration campaigns.

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 STRATEGI KPUD LAMONGAN DALAM MENINGKATKAN PARTISIPASI PEMILIH PENYANDANG DISABILITAS DI KABUPATEN LAMONGAN PADA PEMILU SERENTAK 2019

2021 ◽  
Vol 13 (1) ◽  
pp. 71-79
Author(s):  
Zuli Kasmawanto ◽  
Santi Nurjannah
Keyword(s):  
Qualitative Research ◽  
Voting Rights ◽  
The Political ◽  
Vulnerable Group ◽  
Persons With Disabilities ◽  
Political Field ◽  
Is Research ◽  
Interpretive Methods ◽  
General Elections ◽  
The Right

Elections in Indonesia cannot be separated from voters with disabilities. Not all humans are created perfectly. Some of our brothers and sisters have to live with various deficiencies, one of which is a person with a disability (diffable / different ability). In reality, people with disabilities remain the most vulnerable group in society. One of the difficulties faced in the political field is the implementation of general elections in using their voting rights. The Lamongan KPUD needs to implement the right strategy in an effort to increase the participation of voters with disabilities. This research uses descriptive qualitative research methods. Qualitative research itself is research that as a whole makes use of interpretive methods by presenting in the form of descriptions. The results of the research obtained are that the Lamongan KPU as the election organizer has implemented a strategy to increase the participation of voters with disabilities by providing socialization and simulations regarding general elections, involving persons with disabilities by conducting a Democratic Volunteer Recrumem, some of whom are persons with disabilities.

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