scholarly journals The Constitutional Court’s Role in Consolidating Democracy and Reforming Local Election

2016 ◽  
Vol 1 (1) ◽  
pp. 103 ◽  
Author(s):  
Iwan Satriawan ◽  
Khairil Azmin Mokhtar
Keyword(s):  
Code Of Ethics ◽  
Local Population ◽  
Constitutional Court ◽  
Local Elections ◽  
Local Democracy ◽  
Local Election ◽  
Short Period ◽  
The Usa ◽  
The Government ◽  
Democratic Nation

Within the same group as the USA and India Indonesia is one of the largest democracies in the world. After experiencing authoritarian rule for a few decades since its independence the country finally at the beginning of the twenty first century managed to chart along its new direction along democratic course and values. More than a decade has passed since the democratic transition begun  yet the country still faces various constitutional dilemmas and enigmas. One of organs of the government which has been entrusted to transform the country into a democratic nation is the Constitutional Court. The objective of  this  paper is to provide critical analyses of the role of the Constitutional Court of Indonesia in the process of consolidating local democracy. The scope of analysis is confined to a number of important cases heard by the court on local election disputes from the year 2008  to 2013. The rationale to focus on local election      is because local government provides the second layer of government for this unitary country making the governance more democratic and more in touch with local population. The result of the study is the Constitutional Court through its decisions has created conducive political situation and has provided significant contributions in the process of consolidating local democracy. In spite of limited number of judges and short period of settlement to disputes brought before it the Court have settled all disputes regarding local elections without much delay and complaint. Nevertheless there are some areas  that  need  to  be addressed by the court to enhance its efficiency and effectiveness. A few  factors  have  been identified to be the cause of the problems namely problem of design of structure of the Court, extension of the scope of authority, period of settlement, over-dosis of authority and the breach of  code of  ethics of  the judges.Thus it  is recommended that in order to perpetuate the excellent achievements of the court the institution need to be strengthened by addressing the problems.

Single candidates: Ensuring a path to victory in local elections

2021 ◽  
pp. 205789112110624
Author(s):  
Muchamad Ali Safa’at
Keyword(s):  
Political Parties ◽  
Political Power ◽  
Constitutional Court ◽  
Local Elections ◽  
Single Pair ◽  
Local Election ◽  
The Government

This article analyzes the phenomenon of single candidates in Indonesia's 2020 local elections, where the number increased compared to the previous local elections. Although initially local elections with single candidates were not intended, by a ruling of the Constitutional Court a local election must still be carried out even if there is only a single pair of candidates. The number of single candidates has increased, as it becomes an easier and cheaper way to ensure victory, particularly for incumbents. This condition is strengthened by the culture of political parties that tend to provide support to candidates who possess a greater chance of winning in order to take control of the government and form political cartels. Although presently it has not been indicated that single candidates are a form of oligarchic rule and political dynasty, it may become an easy way to obtain political power.

Emergency powers of the authorities of the constituent units of the federation (states) in Russia, the USA and Brazil amid the spread of a new coronavirus infection

2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko
Keyword(s):  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Emergency Powers ◽  
Lack Of Control ◽  
The Usa ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.

scholarly journals The Present Global Crisis and Its Effect on the Turkish Economy

2010 ◽  
Author(s):  
Özlen Hiç
Keyword(s):  
Developing Countries ◽  
Interest Rates ◽  
Economic Crisis ◽  
Developed Countries ◽  
Local Elections ◽  
Parliamentary Elections ◽  
Turkish Economy ◽  
The Usa ◽  
The Government ◽  
The Developed Countries

The global economic crisis first started in the USA in September 2008 as a widespread insolvency problem caused by mortgage debts of households that had become unpayable. The financial crisis, in turn, caused a serious recession. The economic crisis soon spread to other developed countries because their banks held assets of US banks that had become nearly worthless while exports of these countries to the USA decreased significantly. Then it spread to developing countries because direct private investments (DPIs) and financial funds flowing from developed to developing countries declined precipitously while exports of the latter to the former countries also fell down. The developed countries, however, took proper steps to ameliorate the crisis by lowering the interest rates, helping the insolvent banks financially as wel as launching public expenditure programmes. Turkey was one of the worst hit countries because she had been following wrong globalization strategies. Privatization process was corrupt while much of the DPIs went to those fields which did not yield much increase in employment or export potential. But most importantly, Turkey had raised interest rates to abnormally high levels and thereby had vastly expanded her internal and external debts. Hence, as a result of the global economic crises, Turkey suffered a significantly deep fall in her GNP growth rate and a very big increase in her unemployment rate. Though Turkey took several measures to ameliorate the balance of payments deficit and to expand total demand, hence production, the government refrained from making a stand-by agreement with the IMF in order to avoid strict discipline in her government expenditures due to first, local elections and presently, the coming parliamentary elections.

scholarly journals PEMILIHAN KEPALA DAERAH DALAM KONTEKS UUD NRI TAHUN 1945

2015 ◽  
Vol 4 (1) ◽  
pp. 43
Author(s):  
Sodikin Sodikin
Keyword(s):  
House Of Representatives ◽  
Political Process ◽  
Constitutional Court ◽  
Local Elections ◽  
Democratic Process ◽  
Local Election ◽  
Direct Election ◽  
Current Implementation ◽  
Regional Leaders ◽  
Local Leaders

Pemilihan kepala daerah merupakan salah satu proses politik yang dapat dikatakan proses yang sangat demokratis, sehingga pemilihan kepala daerah perlu terus diupayakan agar proses demokrasi itu menjadi bagian dalam sistem pemerintahan pada tingkat daerah. Pelaksanaan pemilihan kepala daerah setelah amandemen UUD 1945 dilakukan secara melalui pemilihan umum. Akan tetapi, pelaksanaannya menimbulkan permasalahan,terutama adalah konflik sosial secara horizontal di masyarakat dan juga kepala daerah yang dipilih tidak menghasilkan kepala daerah apa yang diidealkan dari pemilihan kepala daerah secara langsung. Dengan menggunakan metode deskriptif normatif dapat disimpulkan Pemilihan kepala daerah yang sekarang dilaksanakan secara langsung dan akan terus dilaksanakan secara langsung dan serentak, tidaklah sesuai dengan apa yang dikehendaki dalam Pasal 18 ayat (4) khususnya dan umumnya UUD NRI 1945. Penulis merekomendasikan agar pembentuk undang-undang (DPR dan Pemerintah) dalam membuat undang-undang untuk mengatur pemilihan kepala daerah disesuaikan dengan UUD NRI 1945, untuk menghindari kemungkinan diujimaterialkan ke Mahkamah Konstitusi. Hal ini termasuk undang-undang Pemilihan Kepala Daerah yang sekarang sudah diundangkan.<p>Local election for regional leaders is one of the political process that can be said to be a very democratic process, so that the local elections should be fostered so that it becomes part of the democratic process in the system of governance at the regional level. Implementation of local elections after the amendments of the 1945 Constitution is conducted through elections. However, its implementation has caused problems, particularly horizontally social conflict in the society and moreover the elected regional leaders are not what is idealized by the direct election of local leaders. By using descriptive- normative method, it can be concluded that the current implementation of local election for regional leaders which will be conducted directly and simultaneously, is not correspond with what the Article 18 paragraph (4) stipulates and generely with the 1945 Constitution. Therefore, legislators (House of Representatives and Government) in making laws- especially one that regulated the local elections for regional leaders, need to seek the conformity with the 1945 Constitution, to avoid the possibilty it being submitted to the Constitutional Court for judicial review. This includes the law on local election for regional leaders which has been enacted.</p>

scholarly journals Politik Hukum Pasca Putusan Mahkamah Konstitusi atas Pelaksanaan Pemilu dan Pemilukada di Indonesia

2016 ◽  
Vol 13 (3) ◽  
pp. 480
Author(s):  
Wahyu Nugroho
Keyword(s):  
Government Regulation ◽  
Vice President ◽  
Court Decision ◽  
Constitutional Court ◽  
Local Elections ◽  
Political Rights ◽  
Local Election ◽  
Electoral Laws ◽  
Commission Regulation ◽  
Building Area

After amendment 1945, whether legislative elections and the election of the executive power implementing held directly by the people, and going political reform electoral laws and local election, both in the revision of the existing political regulations, and rules in the law after the Constitutional Court decision, namely Law No. 42 of 2008 on General Election of President and Vice President, and and Law No. 10 of 2016 on the Second Amendment of Act No. 1 of 2015 on Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the election of Governors, Regents and Mayors became acts. The purpose of the study on the implementation of the legal political and local elections are to conduct political rearrangement and local elections law in a mosaic of Indonesian state structure, maturity in politics, the consolidation of local democracy, and changes in local people’s minds to develop the region very hung to the figure of its leader, as well as ensuring the political rights of citizens in national and local political constellation. The results in this study is the need for consistency of law enforcement for compliance with a number of legal instruments and the implementation of procedures and penalties in the administration of elections. Aspects of legal certainty and the cultural aspect is very important law met in order for the elections and the local election purpose in achieving this goal idealized.In addition, the electoral administration in central and local levels, as well as participating in the election and the election shall comply with laws and regulations, ranging from the Commission Regulation, Act, as well as adherence to Constitutional Court decision. The author draws conclusions that the renewal of electoral politics and the local election after the Constitutional Court Decision in the Indonesian constitutional structure has implications for changes in the system, the mechanism and the pattern of elections and the local election organizers and participants of the election and the local election. On some empirical experience that was shown in the administration of elections and the election, people think the dynamic to organize and improve the system, as well as have awareness of constitutional rights guaranteed by the 1945 Constitution on political rights for the sake of the spirit of building area through the local elections to choose a figure that is idealized.

scholarly journals Political Dynasty and Single Candidate in Indonesian Local Elections: Where Are The Parties?

2021 ◽  
Vol 3 (2) ◽  
pp. 124-136
Author(s):  
Zaldi Rusnaedy ◽  
Fatma Fatma ◽  
Almuhajir Haris
Keyword(s):  
Political Parties ◽  
Local Level ◽  
Local Elections ◽  
Local Democracy ◽  
Literature Study ◽  
Local Election ◽  
Selection Processes ◽  
Election System ◽  
Massive Number ◽  
Dynastic Politics

The pragmatism of political parties is one of the causes for the proliferation of political dynasties and the massive number of single candidates in several electoral politics periods at the local level. The implementation of the 2020 local election simultaneously gave birth to many candidates who have a kinship with political officials both at the central and regional levels, both currently or who have served. Apart from the practice of dynastic politics, a single candidate's presence also adds to the problems in the democratic process at the local level. A single candidate is present as a consequence of implementing the local election system simultaneously, which opens wide the opportunity for the local election to be held even though only one pair of regional head candidates are joined, as a consequence, the empty column is presented as the opponent of the match. This article collects data through a literature study. To answer these two phenomena, the author examines them during the local election implementation. This study indicates that these two phenomena co-opt local democracy and clog the circulation of the leadership elite. Both political dynasty candidates and single candidates have enormous potential to win elections. Both phenomena are caused by poor internal recruitment and candidate selection processes.

scholarly journals MEWUJUDKAN SISTEM PENYELESAIAN HASIL Pilkada YANG EFEKTIF DAN BERKEADILAN

2015 ◽  
Vol 4 (1) ◽  
pp. 123
Author(s):  
Kelik Pramudya
Keyword(s):  
Government Regulation ◽  
Dispute Settlement ◽  
Constitutional Court ◽  
Local Elections ◽  
High Courts ◽  
The Supreme Court ◽  
The Government ◽  
Regional Leaders ◽  
Sense Of Justice

Penyelenggaraan pemilihan kepala daerah secara langsung di daerah sering menimbulkan sengketa mengenai penetapan hasil perolehan suara. Upaya yang dilakukan oleh calon yang tidak puas atas penetapan ini ialah mengajukan pembatalan ke lembaga peradilan. Pembaharuan mengenai sistem penyelesaian hasil pemilihan dilakukan pemerintah untuk mengatasi masalah ini yaitu Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 Tahun 2014. Masalah yang dibahas dalam penelitian ini antara lain: bagaimana mekanisme penyelesaian sengketa sebelum dikeluarkan peraturan tersebut, apa pembaruan yang terdapat dalam peraturan tersebut dan bagaimana mewujudkan penyelesaian perselisihan hasil pemilihan yang efektif dan berkeadilan. Penelitian ini merupakan penelitian hukum normatif yang bersifat deskriptif dengan menggunakan pendekatan perundang-undangn dan analitis. Berdasarkan hasil penelitian dapat disimpulkan bahwa pembaharuan mendasar terletak pada lembaga yang berwenang menangani yaitu dari Mahkamah Konstitusi beralih ke Pengadilan Tinggi yang ditunjuk oleh Mahkamah Agung. Penulis merekomendasikan bahwa pembaharuan tersebut harus didukung oleh peraturan teknis untuk menjamin kefektifan dan memenuhi rasa keadilan.<p>The implementation of the direct local elections for regional leaders in the regional level often give rise to disputes on the determination of voting results. The efforts made by a candidate who is not satisfied with the determination is to submit the cancellation to the judiciary. Renewal on the system of electoral dispute settlement which has been undertaken by the government to deal with the problem is Government Regulation in Lieu of Law Number 1 of 2014. Problems addressed in this research, among others: how the electoral dispute settlement mechanisms works before the regulation was issued, what renewal that is found in the regulation ands how to create a fair and effective electoral dispute settlement. This research is a descriptive-normative legal research by using regulatory and analytical approachs. It can be concluded from the research that the fundamental renewal takes place in the institution authorized to handle the dispute settlement that is from the Constitutional Court to the high courts appointed by the Supreme Court . The author recommends that the renewal must be supported by technical regulations to ensure effectiveness and meet the sense of justice.</p>

scholarly journals An Evaluation of Legal Policy Related to The Implementation of The Simultaneous Local Election (A First Indonesia Period of The Simultaneous Local Election)

2017 ◽  
Vol 96 ◽  
Author(s):  
Agus Riwanto . .
Keyword(s):  
System Integration ◽  
Dispute Settlement ◽  
Constitutional Court ◽  
Local Elections ◽  
State Budget ◽  
Political Aspect ◽  
Legal Policy ◽  
Election Administration ◽  
Local Election ◽  
Time Restrictions

Indonesia legal policy of the simultaneous local election to appoint a district head had been amended by Law Number 8 of 2015 concerning the local election (governors, regents and mayors) from the regular models to the simultaneous models. Simultaneous local election will be implemented in periods, namely a first period in 2015, a second period in 2017, a third and fourth period will be approximately held from 2018 to the 2021, and a national simultaneous local elections will be held in 2027. The simultaneous local election is aimed to make the efficiency and effectiveness of the budget, time and labor organizer; to eliminate boredom voters; to increase public control. Law Number 8 of 2015 had been reviewed judicially thirdty first times. The Constitutional Court also issued a surpprised decision which change a political constellation of Indonesia. The political aspect of simultaneous local election in 2015 need to be fixed through the revision of Law Number 8 of 2015 in order to create the system of the simultaneous elections fairly and democratically for the implementation of the next period: the required transfer of election financing from the budget to the state budget; the need to create a model for the preliminary election; restrictions on candidacy requirements; a dispute settlement of the simultaneous local election to the supreme court; a time restrictions on the election administration disputes lawsuit in the Administrative Court; and we need to build a model of election law enforcement system integration.<br /><br />Key Word: legal policy evaluation, simultaneous local election

FEDERALISM: THE CONDITIONS FOR THE POSSIBILITY OF THE FORMATION AND MAIN CHARACTERISTICS

2015 ◽  
Vol 1 (4) ◽  
pp. 0-0
Author(s):  
. Паулу Роберту Барбоса Рамос ◽  
. Paulu Robertu Barbosa Ramos
Keyword(s):  
United States ◽  
Central Government ◽  
Political Power ◽  
The United States ◽  
The State ◽  
Federal State ◽  
Constitutional Court ◽  
Federal States ◽  
The Usa ◽  
The Government

The author analyzes the issues of appearance and consolidation of the idea of federalism in the Constitution of the various states and examines the characteristics of federalism. The Confederate state model has failed in the United States, as could not find a political formula that could justify the possibility of execution by the central government of its functions with the greatest efficiency. The adoption of a new formula for the exercise of political power in the USA by choosing representatives as well as the gradual accession of Member States allowed the US to overcome the disadvantages of the confederate model, which made it impossible to peaceful coexistence and effective state. The term “federal state” first appeared in German literature as most accurately reflects the context and the difference with the concept of “confederation”. As a new form of organization of the state a federal state was seen in the United States, and later in Sweden, Germany and Brazil. Despite the fact that the Americans are the creators of the phenomenon of federalism, the Constitution of the United States of 1787 does not contain any mention of the federation, federalism, or federal states. In any case, nothing takes away from the merits of Americans in the “invention of the formula” of federalism, which has undergone some changes depending on the location and the conditions which apply. The government, which wants to be called a federal, must have a constitution, two spheres of political power, the incoming participants must have a certain autonomy, as well as the opportunity to participate in the decisions of the central government also requires the Constitutional Court to deal with emerging conflicts. The federal system has made a great contribution to the history of mankind: the decision of the state of conflict with the help of legal organization, for which all parties recognize the right of the last word in matters of distribution of powers between the States.

scholarly journals Legalitas Hukum Komisi Pemilihan Umum Daerah dalam Menyelenggarakan Pilkada

2018 ◽  
Vol 14 (3) ◽  
pp. 553
Author(s):  
Ansori Ansori
Keyword(s):  
Legal Status ◽  
Hierarchical Organization ◽  
Court Decision ◽  
Constitutional Court ◽  
Local Elections ◽  
Legal Validity ◽  
Local Election ◽  
The Law ◽  
Election Commission ◽  
Special Duty

Penelitian ini membahas legalitas hukum Komisi Pemilihan Umum Daerah (KPUD) dalam menyelenggarakan pemilihan kepala daerah pasca putusan Mahkamah Konstitusi Nomor 97/PUU-XI/2013. Penelitian ini bertujuan untuk menganalisis dan memahami legalisasi pengaturan kedudukan hukum KPUD dalam penyelenggaraan Pilkada pasca putusan MK Nomor 97/PUU-XI/2013. Jenis penelitian yang digunakan adalah yuridis-normatif, dengan teori lembaga negara, hierarki, kewenangan, keabsahan hukum, dan tujuan hukum. Hasil penelitian yang diperoleh adalah bahwa legalitas kedudukan hukum KPUD dalam penyelenggaraan Pilkada pasca putusan MK Nomor 97/PUU-XI/2013 yaitu bahwa KPUD tidak dapat menyelenggarakan Pilkada karena KPUD bagian dari KPU yang bersifat hierarki, sedangkan KPU berwenang secara konstitusional menyelenggarakan Pemilu, sedangkan Pilkada bukan bagian dari Pemilu pasca putusan MK Nomor 97/PUU-XI/2013 dan KPUD bukan lembaga daerah yang diberikan tugas khusus oleh undang-undang untuk menyelenggarakan pilkada, tugas menyelenggarakan Pilkada tersebut diberikan oleh undang-undang kepada KPU dan dilaksanakan oleh KPUD.The study addressed the legality of Regional Election Commission (KPUD) to hold local elections after the decision of the Constitutional Court No. 97/PUU-XI /2013. It aims to give analysis and to better understand the law that provides legal status of KPUD for organizing the elections after the court decision. The type of research is a juridical-normative research by employing the theory of state organs, hierarchy, powers, legal validity, and legal objectives. The obtained results showed that based on its legal status in organizing regional head elections, after the judgment of the Court decision No. 97/PUU-XI/2013, KPUD cannot hold regional head elections due to its position as subordinate of KPU as a hierarchical organization. KPU has the constitutional power to hold elections while regional head elections are not parts of the Election after the decision of the Constitutional Court No. 97/PUU-XI/2013. KPUD is not a regional organ given a special duty by the law to hold a local election. The task of organizing the local election is given by law to KPU and implemented by KPUD.

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