scholarly journals Calon Tunggal dalam Pilkada Serentak Tahun 2015 terhadap Putusan Mahkamah Konstitusi No 100/PUU-XIII/2015

2016 ◽  
Vol 13 (2) ◽  
pp. 379
Author(s):  
R. Nazriyah
Keyword(s):  
Constitutional Court ◽  
Local Elections ◽  
Single Pair ◽  
Election Law ◽  
The People ◽  
Registration Period ◽  
The Law

The phenomenon of a pair-single candidate threatens delays in the implementation of simultaneous Regional Head Elections in some districts until 2017. Although the Commission extends the registration period of candidates to avoid the delay of elections simultaneously, there are still some districts that have a single candidate. The law on elections has not set the provisions definitely regarding what should be done if there is the phenomenon of a single candidate. Finally the parties who feel aggrieved the rights had filed a judicial election law to the Constitutional Court (MK) to find solutions to these issues. In its decision, the Court considered that the Act mandates the election as the executor of the sovereignty of the people to elect regional heads directly and democratically. Thus, the local elections should ensure the realization of the highest power in the hands of the people. In addition, the Court also considers the formulation of norms of Law No. 8 of 2015, which requires the presence of more than one pair of candidates does not provide a solution, which led to the legal vacuum. This can result in absent of holding the elections. Local elections which are only followed by a single pair of candidates, the mechanism selection is to determine whether the “Agree”  or “Disagree” with   the prospective partner. If it turns out the people’s voice is more to select “Agree” then the candidate is designated as regional head and deputy head of the selected district. Conversely, if it turns out the people’s voice is more to select “Disagree” then in such circumstances the election is postponed until the next local elections simultaneously.

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

Problematika Pemilihan Kepala Daerah Calon Tunggal Dalam Demokrasi Indonesia

2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Nurfaika Ishak
Keyword(s):  
Secondary Data ◽  
Constitutional Court ◽  
Local Elections ◽  
Literature Study ◽  
Political Awareness ◽  
Government Administration ◽  
The People ◽  
Election Process ◽  
Commission Regulation ◽  
Election Commission

<p><em>This study aims to explain the arrangements for a single candidate regional head election and how people's sovereignty is channeled into the democratic process of regional head elections. This type of research is a descriptive normative juridical study. The data used are secondary data in the form of primary legal materials and secondary legal materials obtained through literature study. The results showed that the regulation of regional head elections with only 1 (one) pair of candidates began with the issuance of the Constitutional Court decision Number 100 / PUU-XIII / 2015 which was subsequently followed by the issuance of General Election Commission Regulation Number 14 of 2015 and Law Number 10 of 2016. Whereas the people are the determinants of government administration power through the regional head election process so that the people as the main activator of the wheel of democracy should not be hindered in choosing candidates for regional head leaders even though there is only one pair of candidates involved in the election. Election of heads must be carried out honestly and fairly so that political awareness by all citizens can be realized.</em></p><p><strong><em>Keywords: </em></strong><em>Local Elections; Sovereignty; Democracy.</em></p>

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 Dismissal of KPK Employees from Legal Positivism and Alternative Solutions

2021 ◽  
pp. 175
Author(s):  
Dominikus Dalu Sogen ◽  
Dewa Ayu Putri Asvini ◽  
Detty Kristiana Widayat
Keyword(s):  
Human Rights ◽  
Legal Theory ◽  
Legal Positivism ◽  
Constitutional Court ◽  
Human Right ◽  
The Public ◽  
Positive Law ◽  
The People ◽  
National Human ◽  
The Law

Studying the philosophy of law means studying various schools of law. Amongst the variety of legal theories, there are adherents of legal positivism or the positive legal theory postulated by John Austin (a philosopher whose thoughts on law are outlined in a work entitled The Province of Jurisprudence Determined 1832). Are Austin's thoughts still relevant for the practice of law inthe modern era, considering that law is made for the public interest? Is it appropriate for the law to be made by authorities (superior) to bind subordinates (inferior), whereas the people are only in a position to obey the law? In a functioning democracy public participation is important in decision-making by the elected legislators. Presumably, law is not made arbitrarily or unilaterally, but it is supposed to take into account the interest of the public or the interest of the groups it is designed to address. A prominent example currently in the public spotlight isthe dismissal of 57 Corruption Eradication Commission (KPK) employees due to their stated ineligibility following their failure to pass the National Insight Test Assessment. For this matter, a judicial review (JR) has been requested from the Constitutional Court and the Supreme Court who in the meantime have published their decisions. In addition, there have been recommendations from the National Human Rights Commission (Komnas HAM) and the Indonesian Ombudsman regarding the occurrence of human rights violations and maladministration in the transfer of KPK employees to ASN. Where JR's decision by the two judicial institutions is different from what is recommended by Human Right Commission and the Indonesian Ombudsman. Here it can be seen that there are differences in the application of the law with the positive law that applies and is detrimental to the rights of KPK employees.

scholarly journals WHAT SHOULD BE THE FORM OF PUBLIC PARTICIPATION IN THE LAWMAKING PROCESS? AN ANALYSIS OF SOUTH AFRICAN CASES

Obiter ◽  
2014 ◽  
Vol 35 (1) ◽  
Author(s):  
Moses Retselisitsoe Phooko
Keyword(s):  
Public Participation ◽  
South African ◽  
Public Involvement ◽  
Participatory Democracy ◽  
Representative Democracy ◽  
Constitutional Court ◽  
The Public ◽  
The People ◽  
The Law ◽  
Law Making

South Africa’s new constitutional democracy places a duty on various legislators to facilitate public participation in the law-making process as mandated by the principles of participatory democracy provided for in the Constitution of South Africa, 1996. This has resulted in a series of court cases wherein the electorate, inter alia, challenged the legislation on the basis that the results did not reflect the views of the people. The courts’ earlier jurisprudence seemed to be placing more emphasis on participatory democracy as opposed to representative democracy. However, recent court decisions indicate a shift towards representative democracy. The central question presented in this paper is whether the consideration of the views of the public by the provincial and national legislatures is merely a matter of procedure, or that those views are indeed considered in the law-making process. In an attempt to answer this question, the paper will evaluate and critique some of the Constitutional Court and the Supreme Court of Appeal decisions on public involvement in either the legislative or law-making process. The argument presented in this discourse is that, if the public’s wishes are considered by the legislature, then the outcome would be influenced by the people’s demands. An otherwise negative outcome shows that public participation in the law-making process is a procedural matter and has no substantive value.

scholarly journals CONSITUTIONAL QUESTION (MENYOAL KONSTITUSIONALITAS PASAL TENTANG PENGEMIS KUHP PASAL 504 AYAT (1) DAN (2)

2010 ◽  
Vol 40 (1) ◽  
pp. 113
Author(s):  
Isrok Isrok
Keyword(s):  
Social Rights ◽  
Constitutional Court ◽  
Rights Protection ◽  
The People ◽  
The Social ◽  
The Law

AbstrakHuman rights, as literated in constitution, described that "every people havethe social rights which is make the people able to develop theirselves totally,as the dignity people ". Besides, it is !iterated in the constitution, which isrelating with the social prosperity, "poors and abandoned children areprotected and cared by nation. The case abaut twelve jakarta's persons whobeing arrested, who give a gift to the beggars coordinators was chased andfive beggar connectors arrested, then been judged are incidents that bringpro and contra in opinion. Judge, as one of four law enforcers, in judgingsame chase which is clearly !iterated in the constitution law norm(regulation) has to be the foundation in his decicion, the judge must discover,fallow and understand the value and justness sense in the society. But, ifther 's same case that make the judge tesitate abaut the exiting regulation,then he may have a constitutional question. Constitutional question is theregulation testing which is dealing with same case, the constitutionalquestion is needed to extend the supremacy of the law and peoplescontitutional rights protection. Is same countries, like Germany, Croatia,Australia, and others countries, constitutional question is under the authorityof constitutional court, what about in Indonesia?

scholarly journals Democracy Establishment on Regional Head Election Observed from the Constitutional Law Perspective in Indonesia

2016 ◽  
Vol 7 (3) ◽  
pp. 42-49
Author(s):  
Sugianto
Keyword(s):  
Local Level ◽  
Secondary Data ◽  
Electoral System ◽  
Primary Data ◽  
Constitutional Court ◽  
Local Elections ◽  
The People ◽  
Election Results ◽  
Democratic Election ◽  
Normative Requirement

The amendment of the 1945 Constitution had opened space for democratic realization process at local level. In Article 18 paragraph (4) mentioned that governors, regents and mayors respectively as the heads of provincial, regency and municipal elected democratically. The local elections were carried out simultaneously by the people show democratic electoral system embodiment. To analyze the phenomena, this study uses a qualitative method, which the data source derived from primary and secondary data. Primary data is data obtained from observations in field, while secondary data obtained from literature or news about the regional head elections. The results showed that in a democratic election, a guarantee of freedom is an absolute and normative requirement. However the normative requirements sometimes ignored either by contestants or supporters. Therefore, the presence of the Constitutional Court is very important for democracy and constitutionality of local elections. In the local elections, the Constitutional Court has the authority to resolve the election results dispute. Although the existence of the Constitutional Court is important, but to resolve the dispute over local elections, researchers assume about the necessary establishment judicial elections at any stage or process level.

scholarly journals URGENSI PENYELESAIAN SENGKETA PILKADA OLEH MAHKAMAH KONSTITUSI

2015 ◽  
Vol 4 (3) ◽  
Author(s):  
Ida Puspa Jaya Miha
Keyword(s):  
Dispute Resolution ◽  
Government Regulation ◽  
Descriptive Analysis ◽  
Constitutional Court ◽  
Local Elections ◽  
Legal Concept ◽  
Advantages And Disadvantages ◽  
The People ◽  
Voting System ◽  
Settlement Of Disputes

The rise of the disputed local elections assessed due to poor direct voting system that alwaysend with anarchic conflict. Direct voting system is briefly diverted to be chosen by the Houseof Representatives (DPR) through Law 22 of 2014 concerning Election of Governors,Regents and Mayors but this law received widespread rejection by the people so that thePresident issued Government Regulation in Lieu of Law No. 1 of 2014 which regulates thesame things that later passed into Law No. 1 of 2015. Article 157 paragraph (1) of Law No.8 of 2015 on the Amendment of Act No. 1 of 2015 mandates the establishment of a specialtribunal to deal with the settlement of disputes nationwide simultaneous election to be heldin 2027. If the judiciary is not yet formed, the implementation of election dispute resolutionmade by the Constitutional Court (MK). Based on the description above background, asfor the formulation of the problem to be studied is; What advantages and disadvantages ofthe establishment of a special judicial body which handles dispute resolution election? Andwhat is the urgency of the election dispute resolution by the Constitutional Court? This typeof research is a kind of normative legal research descriptive analysis using the approach oflegislation, the legal concept analysis approach, historical approach, and the approach ofcase law derived from the source material of primary, secondary and tertiary using a cardsystem as its legal material collection technique.The conclusion of this study is the establishment of a special judicial body has advantagesand disadvantages. The drawback is; unconstitutional existence of the judicial authoritiesfor not guided by Article 24 paragraph (1) of the 1945 Constitution and Article 27 paragraph(1) of Act 48 of 2009 on Judicial Power, the magnitude of the amount of the budget that willbe issued by the state to establish such institutions. The advantage is ease the burden on theMK, more focused and rapid election dispute resolution process.

scholarly journals PEMILIHAN KEPALA DAERAH YANG DEMOKRATIS BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 97/PUU-IX/2013

2018 ◽  
Author(s):  
Ali Marwan Hsb
Keyword(s):  
Research Methods ◽  
Constitutional Court ◽  
Local Elections ◽  
The People ◽  
The Republic ◽  
Democratic Elections

Article 18 section (4) of the 1945 Constitution of the Republic of Indonesia mentioned that the election of Governor, Regent and Mayor is held in democratically. The phrase elected democratically polemical in application, whether directly elected by the people or through Regional House of Representative or other ways. This will be explain in this article. This article use normative research methods by using historical and legislation approach. From this research found that in Indonesian history, the local elections was held directly or through the local legislative and other ways. The democratic elections according to the Constitutional Court interpretations could be held directly or through the legislature or by other means as long as the principle of democracy are direct, general, free and confidental

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.

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