scholarly journals PENERAPAN KEDAULATAN RAKYAT DI DALAM PEMILIHAN UMUM DI INDONESIA BERDASARKAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

2020 ◽  
Vol 6 (1) ◽  
pp. 51-71
Author(s):  
Ofis Rikardo

ABSTRACTElections are a means of implementing the sovereignty of the people regulated in the 1945 Constitution. In the implementation of indirect democracy, a representative democratic system is inevitable, so that elections that uphold direct, public, free, secret, honest and fair spirit are a means of regenerating leadership politics to run the government both at central and regional levels. People as the owner of the highest sovereignty surrender their sovereignty to state institutions such as the President, DPR, DPD, and DPRD through elections. After the change in the 1945 Constitution there was a shift in the regulation of popular sovereignty such as the MPR is no longer the executor of popular sovereignty, the implementation of direct presidential elections by the people, until the emergence of the Constitutional Court that can try and decide the president and vice president to stop in his term of office. All of this is an effort to uphold the people's sovereignty and at the same time to maintain the people's sovereignty based on the 1945 Constitution. Keywords: People's Sovereignty, Elections, 1945 Constitution

Solusi ◽  
2019 ◽  
Vol 17 (2) ◽  
pp. 94-105
Author(s):  
Johansyah Johansyah

The Constitutional Court is the executive branch of the judiciary that is independent and separate from other branches of power, namely the government (executive) and legislative institutions. The Constitutional Court as a first and last level judiciary does not have an organizational structure as large as the Supreme Court which is the peak of a judicial system whose structure is vertically and horizontally covers five judicial environments, namely the general court environment, the state administrative court environment, the religious court environment, and military court environment. As an organ of judicial power that operates the judicial function, the Constitutional Court is independent, both structurally and functionally. The functions and authorities of the Constitutional Court based on Law No. 24 of 2003, namely the Constitutional Court has the authority to hear: Test the laws against the Republic of Indonesia 1945 Constitution; Decide on authority disputes between state institutions whose authority is granted by the Republic of Indonesia 1945 Constitution; Decide the dissolution of political parties; Decide disputes about election results; Give a verdict on the opinion of the House of Representatives that the President and / or Vice-President are suspected of violating the law in the form of treason, corruption, bribery, other serious crimes, or despicable acts, or no longer fulfill the conditions as President and or Vice President, as intended in the Republic of Indonesia 1945 Constitution.


2016 ◽  
Vol 6 (1) ◽  
pp. 75
Author(s):  
Tri Mulyani

<p>Negara Indonesia adalah Negara hukum, artinya bahwa negara yang menempatkan hukum sebagai dasar kekuasaan negara dan penyelenggaraan kekuasaan tersebut dalam segala bentuknya dilakukan di bawah kekuasaan hukum. Sifat dari negara hukum hanya dapat ditunjukkan apabila alat-alat perlengkapan negara yaitu lembaga-lembaga negara bertindak menurut dan terikat kepada aturan-aturan yang telah ditetapkan. Lembaga Tinggi Negara yang dimaksud dalam penelitian ini adalah Lembaga Tinggi Negara yang nama, fungsi dan kewenanganya dibentuk berdasarkan Konstitusi atau Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 yaitu: Presiden dan Wakil Presiden, Majelis Permusyawaratan Rakyat, Dewan Perwakilan Rakyat, Dewan Perwakilan Daerah, Mahkamah Agung, Mahkamah Konstitusi, dan Badan Pemeriksa Keuangan. Sehubungan dengan dasar pembentukan Lembaga Tinggi Negara adalah Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, dan telah mengalami amandemen 4 kali maka struktur dan hubungan mereka dalam menjalakan tugas pemerintahan dari sebelum dan sesudah amandemen tentunya juga mengalami perubahan. Dengan pendekatan <em>yuridis normatif</em>, dan uraian yang diskriptif analisis, ditemukan jawaban bahwa struktur lembaga negara beserta hubungan diantara lembaga negara telah mengalami pergeseran setelah dilakukan amandemen. Pada dasarnya hubungan diantara lembaga negara tidak banyak mengalami perubahan. Namun perubahan itu justru tampak dalam struktur lembaga negaranya. Sebelum amandemen struktur lembaga negara terdiri dari MPR sebagai lembaga tertinggi, Presiden, DPR, DPA, BPK dan MA. Namun setelah dilakukan amandemen lembaga negara berkembang yaitu MPR, DPR, DPD, Presiden, MA, MK, dan BPK. Perbedaanya ada dipoint pengapusan istilah lembaga tertinggi, sehingga semua menjadi lembaga tinggi negara.</p><p> </p><p class="Default"><em>Indonesia is a country of law, meaning that the country as the law is the basis of state power and the implementation of the power in all its forms is done under the rule of law. The nature of the state law can only be shown if the scientific equipment is state state institutions and bound to act according to the rules that have been set. State Agency referred to in this research is the State Agency name, function and an arbitrary set up under the Constitution or the Constitution of the Republic of Indonesia Year 1945, namely: President and Vice-President, People's Consultative Assembly, the House of Representatives, Regional Representatives Council, The Supreme Court, the Constitutional Court, and the Supreme Audit Agency. In connection with establishing the State Agency is the Constitution of the Republic of Indonesia Year 1945, and has undergone amendments 4 times the structures and their relationship to run the task of the government before and after the amendment would also change. With normative juridical approach, and a description of the descriptive analysis, found the answer that the structure of state institutions as well as the relationship between the state institutions have experienced a shift after the amendment. Basically the relationship between the state institutions has not changed much. But it is precisely looked into the institutional structure of the country. Prior to the amendment of the structure of state institutions consist of the Assembly as the highest institution, President, Parliament, DPA, BPK and MA. However, after the amendment of the developing state institutions, namely the MPR, DPR, DPD, President, Supreme Court, Constitutional Court, and the CPC. No difference dipoint term elimination highest institution, so all became state institutions. </em></p><p class="Default"><em> </em></p>


2018 ◽  
Vol 3 (2) ◽  
pp. 184
Author(s):  
Muhammad Hidayansyah ◽  
Trisakti Handayani ◽  
M Syahri

ABSTRAKPemilihan umum presiden dan wakil presiden merupakan acara lima tahun sekali yang dilaksanakan di Indonesia, kegiatan ini sebagai wahana menyalurkan segala aspirasi masyarakat terutama dalam mempengaruhi keputusan politik, dan Penelitian ini bertujuan untuk mengetahui peran dan partisipasi masyarakat Kota Malang dalam pemilihan presiden dan wakil presiden tahun 2014 di Kota Malang, selain itu untuk mengetahui peran KPU Kota Malang dalam pemilihan umum presiden dan wakil presiden 2014, dan untuk menjelaskan faktor pendukung dan penghambat partisipasi masyarakat dalam pemilihan presiden dan wakil presiden 2014.Penelitian ini menggunakan Model penelitian deskriptif, yaitu suatu model penelitian dengan mencatat, mendeskripsikan dan menginterpratasikan peran KPU dalam meningkatkan partisipasi politik masyarakat dalam pemilihan umum prseiden dan wakil presiden 2014 di Kota Malang, dan penelitian ini menggunakan tiga teknik pengumpulan data yaitu wawancara, dokumentasi dan observasi. Berdasarkan hasil penelitian, diperoleh hasil bahwa peran KPU dalam meningkatkan partisipasi politik masyarakat dalam pemilihn umum presiden dan wakil presiden 2014 di Kota Malang sangat besar. Artinya ini sesuai dengan realita dan fakta yang terjadi di lapangan, bahwa tahun 2014 partisipasi masyarakat Kota Malang sangat meningkat. Hal ini didukung oleh hasil wawancara dan observasi kepada pememrintahan Kota Malang, Partai Politik dan Masyarakat Kota Malang, selain itu hal yang paling mendukung adalah hasil perthitungan suara di Kota Malang, menunjukan sebanyak 70% masyarakat Kota Malang ikut berpartisipasi dalam pemilihan umum presiden dan wakil presiden 2014 di Kota Malang.Kata Kunci : Peran KPU, Partisipasi Masyarakat.ABSTRACTGeneral election for president and vice president is an event held every five years in Indonesia. This is a program which is used for channeling the aspirations of all communities, especially in influencing political decisions. This study aims to determine the role and participation of Malang communities in the presidential and vice presidential elections 2014. Besides, this study also aims to determine the role of General Elections Commission (KPU) of Malang in general election of president and vice president in 2014, and to explain the enabling and inhibiting factors of communities’ participation in the election of president and vice president in 2014. The approach used in this study is descriptive study, which is a study model by noting, describing and interpreting the role of KPU in increasing the communities’ political participation in the elections of president and vice president 2014 in Malang. This study uses three methods in collecting the data. They are interview, documentation, and observation. Based on the result of the study, it can be concluded that the General Elections Commission has a big role in increasing communities’ political participation in the elections of president and vice president 2014 in Malang. This means that it corresponds to the reality and the facts which occurred, that in 2014 the participation of Malang communities greatly increased. This is supported by the results of the interviews and observations to the government of Malang, Political Parties in Malang and also Malang communities. Besides, the most favorable case is the result of vote counting in Malang which shows as much as 70% of people in Malang participated in the elections for president and vice president 2014 in Malang.Key words: Role of the General Elections Commissions, Communities Participations


1948 ◽  
Vol 42 (1) ◽  
pp. 16-31 ◽  
Author(s):  
Kenneth C. Cole

The casual student of Western political history encounters sovereignty in a number of guises. In the stage of absolute monarchy, it was a personal endowment of princes; in the stage of democracy, it seems to be a collective endowment of the “nation” or the “people.” In the latter period, moreover, a definition of law as the command of a sovereign becomes increasingly popular.These various contexts for sovereignty will already have suggested the protean possibilities of the general conception, but the student will have had little difficulty in sensing its generally anti-constitutional influence. Even popular sovereignty, which sounds the least dangerous, has had to be offset by opposing institutions in accounting for the relatively high constitutional morality of the democratic system.While, therefore, it is not surprising to find sovereignty again (and in a still different guise) when we examine the leading conceptions of American public law, one well may marvel to find it accorded a key position among them. For, strange to say, the sovereignty of the state is widely accepted as the cornerstone of a legal edifice which the lawyers themselves appear to have laid.


Significance Tunisia will hold legislative and presidential elections on October 6 and November 10, respectively. On June 18, parliament passed an amendment to electoral law barring individuals who use their media or other organisations for campaigning from running for office. Karoui was the frontrunner to win the presidency in a June 12 opinion poll published by Sigma Conseil, but will be prevented from running if the law enters force. He owns Nessma TV, which has been critical of the government, as well as a charitable organisation. This makes the amendment look as though it is targeting individuals who could threaten the major parties’ control of government. Impacts Tunisia may have set a precedent for preventing media personalities or wealthy populists from using their influence to become politicians. The ruling coalition may lose support if it is seen to be manipulating the electoral process to ensure victory. This case highlights the urgency of establishing a constitutional court to protect Tunisia’s democratic transition and consolidation.


2021 ◽  
Vol 1 (2) ◽  
pp. 24-29
Author(s):  
Budi Sohibul Hayat ◽  
Adi Suhendra

The Indonesian government made a new policy which was stated in Government Regulation no. 38 of 2017 concerning regional innovation aims to improve the performance of local government administration. In order to achieve the objectives as intended, the target of regional innovation is directed at accelerating the realization of public welfare through improving public services, empowerment and community participation and increasing regional competitiveness. One of the regional innovations that has become a national priority is Maritime Affairs and Fisheries. This is also in line with one of the visions and missions of the President and Vice President, namely the Realization of a Prosperous Marine and Fisheries Community and Sustainable Marine and Fisheries Resources. So that the marine sector in the regions needs to be developed. One of the areas with marine and fisheries potential is Pasuruan Regency, East Java. The Pasuruan Regency Government, which knows the marine and fisheries potential of its area, needs to support this potential by making programs or innovations to accelerate the development of coastal areas. So this research was conducted to identify the effectiveness of programs or innovations carried out by the Pasuruan Regency government. The fishery innovation in Pasuruan Regency in the form of Mina has been regulated in a regional law, because it has a high potential for the welfare of its people. And from these sources, the Government has developed a number of mini innovations, such as spawning concrete pond tilapia for mass production of superior tilapia, making new mina systems or technologies, even integrating fisheries with agriculture through mina rice cultivation. These innovations are expected to improve the welfare and economy of the people of Pasuruan Regency, East Java. This study used descriptive qualitative method. The results of this study found that Pasuruan Regency has high marine and fisheries potential. The innovations and programs carried out by the Pasuruan Regency Government provide a lot of advantages and results, where it can not only produce the fishery sector, but can also get results from rice plants grown using the mina method. Suggestions in the future, it is necessary to do further research to find out other factors beyond the factors that have been done in research on the adoption of fisheries business innovation in Pasuruan Regency.


Jurnal Hukum ◽  
1970 ◽  
Vol 26 (2) ◽  
pp. 612
Author(s):  
Widayati

Indonesia is a sovereign country folk. One implementation of the sovereignty of the people is the election that followed by political parties for members of Parliament and members of parliament and individuals for DPD.Political parties are the main pillars of democracy. Establishment of political parties must meet the requirements in accordance with legislation. Terms of founding a political party regulated under Article 2 of Law No. 2 of 2008 on Political Parties.As the main pillar of democracy, political parties should be able to carry out its functions properly. There are some restrictions on political parties, among others, are prohibited from engaging in activities contrary to the Constitution of 1945 NRI and legislation; engage in activities that endanger the integrity and safety Homeland. If the ban is violated, then the government may ask the parties to the freezing of the District Court. If the parties do not accept the decision of freezing the District Court, it can be appealed to the Supreme Court. If the Supreme Court confirmed the decision of the PN, then the Government may propose the dissolution of the parties to the Court.The procedure by which parties to the Court daitur dissolution under Article 68 paragraph (1) and (2) of Law No 24 of 2003 on the Constitutional Court. Constitutional Court's decision regarding the request for the dissolution of political parties must be decided upon within a period of 60 (sixty) days after pemoohonan recorded in the Register of Case Constitution.Keywords: Parati dissolution of political, constitutional systemIndonesia


2021 ◽  
Vol 7 (1) ◽  
pp. 280
Author(s):  
Muzayanah Muzayanah

The Republic of Indonesia is a state based on the rule of law in implementing state administration based on Pancasila and the 1945 Constitution. The administration of government with a democratic system in which the highest sovereignty is in the hands of the people and in its implementation the people elect a leader to run the government. To determine the regional leader / regional head must be carried out through regional head elections. Regional head elections are intended to continue the government which has ended its term of office. Therefore, regional head elections must be held simultaneously throughout the territory of the Republic of Indonesia. The holding of regional head elections is a big job and is the responsibility of all parties, including all citizens of the Republic of Indonesia, so that the implementation of regional head elections runs well. The regional head elections in question have been held and are the result of the hard work of various relevant state institutions that have carried out their duties and responsibilities, in this case the General Election Commission (KPU) which has held regional head elections simultaneously throughout the territory of the Unitary State of the Republic of Indonesia (NKRI). ). The 1945 Constitution of the Republic of Indonesia regulates the voting rights of citizens to participate and actively participate in determining regional leaders / regional heads who will lead in their respective territories. Citizens have the right to vote to vote at regional head elections. This is of course an awareness and responsibility as citizens so that regional leaders / regional heads are elected who are able to organize government and create prosperity and justice based on the values contained in the principles of Pancasila. The problem in this research is how a juridical study of the awareness of citizens to use their voting rights in implementing democracy in regional head elections?This research is a normative juridical research with the Library Research research method. The data collection method uses secondary data in the form of primary legal materials and secondary and tertiary legal materials. The population in this study is a random population of residents / community of Pengkol hamlet, Mangunsari village, Gunung pati District, Semarang City. The results of the research show that people in this region as citizens of the Republic of Indonesia have the awareness and responsibility to exercise their voting rights in the implementation of regional head elections, especially the election for Mayor and Deputy Mayor of Semarang on December 9, 2020. Regional head elections in this region have been going well and in a conducive situation even though it was held during the Covid-19 pandemic. It is hoped that the holding of this regional head election will produce regional leaders who have reliable and quality leadership management and are able to bring the community to realize social justice for all Indonesian people.


2017 ◽  
Vol 5 (2) ◽  
Author(s):  
Jentel Chairnosia

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


FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (4) ◽  
pp. 307
Author(s):  
Yusdiyanto Yusdiyanto

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.  


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