scholarly journals Kedudukan Dan Fungsi Wakil Presiden Republik Indonesia Dalam Sistem Ketatanegaraan Indonesia

2021 ◽  
Vol 16 (1) ◽  
pp. 58-76
Author(s):  
Suparto Suparto
Keyword(s):  
Single Unit ◽  
Vice President ◽  
The People ◽  
The Future ◽  
General Elections

The position of the Vice President and the President is not equal, even though the President and Vice President are a single inseparable institution. The position of the President and Vice President which is not equal shows that the presidential institution is the organizer of a single government system. The position of the Vice President cannot be separated from the President as a unit of positions which are directly elected by the people through general elections. Then, the duties and powers of the Vice President in the 1945 Constitution do not provide regulation, because the provisions of Article 4 paragraph (2) of the 1945 Constitution only mention their duties as assistant to the President, even though the President and Vice President are a single unit of office elected by the people through general elections. The authority of the Vice President is the authority mandated by the President to assist the President in implementing laws so that the responsibility remains with the President. The authority of the Vice President as a substitute for the President is all the powers that are in the position of President. In the future, it is necessary to make a law as an elaboration of the provisions of Article 4 paragraph (2) of the 1945 Constitution

scholarly journals PERKEMBANGAN PEMILIHAN PRESIDEN DAN WAKIL PRESIDEN DI INDONESIA

2018 ◽  
Vol 47 (1) ◽  
pp. 63
Author(s):  
Indarja Indarja
Keyword(s):  
Vice President ◽  
The State ◽  
General Election ◽  
The People ◽  
General Elections ◽  
History Approach

The aim of this paper is to analyze the regulation of general election of President and vice President in Indonesia. The method used is the normative juridical, with the history approach. Based on  results that the Election of President and Vice President in Indonesia changes from time to time, from the period 1945-1950 President and Vice President elected by PPKI by acclamation. The period 1950-1959 elected by agreement between the state of RIS and RI. After the 1959 period until now, the President and Vice President were elected by the people through general elections.

scholarly journals The Ideal Concept of Presidential Threshold Arrangement to Achieve Constitutional Rights of New Political Parties in a simultaneous general election in Indonesia

2018 ◽  
Vol 5 (3) ◽  
pp. 88
Author(s):  
Muhammad Mukhtarrija ◽  
I gusti Ayu Ketut Rachmi Handayani ◽  
Agus Riwanto
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Vice President ◽  
General Election ◽  
Legal Issue ◽  
Constitutional Rights ◽  
Vice Presidents ◽  
Equal Rights ◽  
The People ◽  
General Elections

This study raises the legal issue against the enactment of Law No. 7 of 2017 on General Elections in Indonesia. The law has violated the constitutional rights of new political parties of the simultaneous general election participants that began in 2017. The injustice is seen in article 222 which requires the provision of presidential threshold for political parties nominating the president and vice-presidential pairs based on the results of general elections in 2014. If this provision is applied, automatically the new political parties of the simultaneous general election participants in Indonesia do not have the opportunity to nominate a couple of presidents and vice presidents. Based on the Constitution of the 1945 Constitution, the president and vice president are nominated by a political party or a coalition of political parties participating in the general election. Considering the constitution applicable in Indonesia should every political party participating in the general election have equal rights and opportunity in carrying the candidate of president and vice president to be elected by the people in a democracy.

scholarly journals INTEGRATED LAW ENFORCEMENT (GAKKUMDU) IN MANAGING GENERAL ELECTIONS IN INDONESIA

2019 ◽  
Vol 3 (1) ◽  
pp. 63-78
Author(s):  
Ridwan Arifin
Keyword(s):  
Law Enforcement ◽  
Vice President ◽  
General Election ◽  
Legislative Elections ◽  
The People ◽  
General Elections ◽  
The Creation ◽  
The Law ◽  
Democratic Elections

The number of general elections in Indonesia, such as in regional head elections, leagislative elections and in the election of president and vice president. In general elections, the president and vice president are often referred to as legislative elections, while the head of the region itself has the title, namely regional head elections only. The proverb says that where there is a rule there will be an offense. Therefore, to avoid any undesirable things, an improvement is needed to deal with this. In order to avoid fraud, in the improvement there is certainly an institution that regulates, namely from the law apparatus, as an apparatus in law enforcement is required to be able to ensure the existence of violations in the implementation of elections only because solely to enforce integrated law. In fact, the general election is always interesting so that it can be investigated, which is contained in the rules, implementation, and in the participants and the community. It certainly determines the success of the general election. If the rules are already felt or considered to be good in its implementation without capable law enforcement so that it will be difficult also in its realization. Good rules and good law enforcers also cannot maximize if the people themselves are ignorant and do not care about existing regulations. So, order between the three of them bound each other. In general elections it does not only involve one or two people, but requires a lot of people, so that the community is required to participate in issuing their opinions. But with so many parties participating in the election, there were many violations of the implementation, for example in 2014, where there were still many violations in general elections. Whereas at that time there was a socialization of the implementation of the general election which was socialized by the KPU and Bawaslu, not only socialization but also from the Bawaslu and its staff who participated in efforts to prevent the occurrence of violations in general elections. Although in the end socialization in prevention still cannot reduce the number of violations that exist. In dealing with this problem the creation of a system can reduce violations during the election, namely the process of synergy of Gakkumdu with the aim of realizing democratic elections in 2019 in the hope that it can provide the effect of clarity and change in carrying out general elections

scholarly journals Organizing Democracy through General Elections in Indonesia: The Challenge of Law Enforcement and State Stability

2019 ◽  
Vol 5 (2) ◽  
pp. 333
Author(s):  
Ridwan Arifin ◽  
Saktiani Nurul Hidayat
Keyword(s):  
Law Enforcement ◽  
Vice President ◽  
Legal Framework ◽  
Transition To Democracy ◽  
Constitutional Court ◽  
Leadership Succession ◽  
Simultaneous Interpretation ◽  
The People ◽  
General Elections ◽  
Selection Of

One of the developments in Indonesia's political democracy is marked by the existence of legal framework that state sovereignty belongs to the people and is carried out in accordance with the 1945 Constitution. On the basis of the formulation of leadership succession in the executive and legislative branches it is mandated by Article 22 E paragraph (2). However, in practice the constitutional arrangement in Law Number 42 of 2008 concerning the General Election of the President and Vice President shows that it is inconsistent with statements in the constitution. As stipulated in Article 3 paragraph (5) states that the election of the President and Vice President is held after the election of the DPR, DPD and DPRD. At the end of the Constitutional Court through Decree No. 14/PUU-XI/2013 states that the selection of models is unconstitutional. Based on this assessment the constitutionality of the norm selection method is based on the simultaneous interpretation of the constitution both from the initial intentions and historical interpretations. The simultaneous constitutional electoral plan was called born as an effort to shift the direction of the transition to democracy in a strengthening system so that democratic consolidation of direct democratic practices tends to be transactional, corrupt, manipulative, high cost and to preserve power can be minimized in the practice of constitutional democratic dimensions to understand and sovereign.

scholarly journals People's Sovereignty in the System Presidential Threshold in the Perspective Siyasah Al-Syar’iyyah

eL-Mashlahah ◽  
2021 ◽  
Vol 11 (2) ◽  
pp. 187-204
Author(s):  
Iqbal Katrino ◽  
Yus Afrida
Keyword(s):  
Legal Protection ◽  
Vice President ◽  
General Election ◽  
Equal Treatment ◽  
Individual Rights ◽  
Law And Politics ◽  
The People ◽  
General Elections ◽  
The Law ◽  
The Individual

ABSTRACTUU no. 7/2017 concerning General Elections, is the legal protection for the implementation of the 2019 General Election using the system presidential threshold. The problem is, this is seen as castration of individual rights where power is in the hands of the people. Equal treatment before the law and politics in the context of nominating the President and Vice President is limited to parties that are part of and meet the threshold in the 2014 general election. This research found that the implementation of the system Presidential Threshold in Indonesia was an embodiment of the people's sovereignty itself. Where the individual directly determines the leader, and in making the requirements to become a leader, and the DPR is a representation of the people. This eliminates concerns in the community when the system will be ratified Presidential Threshold in Law Number 7 of 2017 concerning Elections so that the people's sovereignty in the threshold system is by siyasah syar’iyyah where ahlul halli wa al-‘aqdi can determine candidate leaders and Bai’ah is a form of the general election in determining the leader.Keywords: People’s Sovereignty, Presidential Threshold, Siyasah al-Syar’iyyah.\ABSTRAKUU No. 7 /2017 tentang Pemilihan Umum dasar hukum dilaksanakannya Pilkada Umum Tahun 2019 dengan menggunakan system presidential threshold. Persoalannya adalah, hal ini dipandang sebagai pengebirian hak-hak individu dimana kekuasaan berada di tangan rakyat. Perlakuan yang setara di depan hukum dan politik dalam rangka mencalonkan Presiden dan Wakil Presiden menjadi terbatas hanya pada partai yang menjadi bagian dan mencukupi -threshold di pemilihan umum 2014. Riset ini menjumpai bahwa pelaksanaan sistem Presidential Threshold di Indonesia merupakan perwujudan dari kedaulatan rakyat itu sendiri. Di mana individu secara langsung menentukan pemimpin, dan dalam pembuatan persyaratan untuk menjadi pemimpin, yang mana DPR adalah representasi dari rakyat. Hal ini menghapuskan kekhawatiran di masyarakat ketika akan disahkannya sistem Presidential Threshold dalam Undang-Undang Nomor 7 Tahun 2017 tentang Pemilu, sehingga kedaulatan rakyat dalam sistem ambang batas sudah sesuai dengan siyasah syar’iyyah dimana ahlul halli wa al-‘aqdi memiliki kapasitas untuk menentukan calon permimpin dan Bai’ah adalah bentuk dari pemilihan umum dalam menentukan pemimpin.Kata Kunci: Kedaulatan Rakyat, Presidential Threshold, Siyasah Syar’iyyah.

scholarly journals PEMILIHAN UMUM SERENTAK DAPAT MEMPERKUAT SISTEM PRESIDENSIAL

Solusi ◽  
2018 ◽  
Vol 16 (3) ◽  
pp. 227-240
Author(s):  
Barhamudin Barhamudin
Keyword(s):  
Presidential Election ◽  
Secondary Data ◽  
Vice President ◽  
Constitutional Court ◽  
Legislative Elections ◽  
Presidential Candidates ◽  
The People ◽  
General Elections ◽  
The Republic ◽  
Presidential Systems

The purpose of this research is to find out whether general elections simultaneously have an influence on strengthening presidential systems. To find out the implications of simultaneous elections on elections in Indonesia. The research method in this study uses a normative juridical approach used to study or analyze secondary data in the form of legal materials, especially primary legal materials and secondary legal materials. Primary legal material is the 1945 Constitution of the Republic of Indonesia, Law Number 7 of 2017 concerning General Elections, Decision of the Constitutional Court Number 14 / PUU-XI / 2013 etc. Secondary legal materials are those that provide explanations and interpretations of sources of primary legal materials such as law books, legal journals, and others. Tertiary legal materials are legal materials that provide guidance or explanation of primary and secondary legal materials such as legal dictionaries, encyclopedias, and related documents. The results of the study were argued that the holding of elections simultaneously with the plurality system itself actually tended to produce few presidential candidates. When presidential elections the supporters of candidates in this system tend to ignore candidates who are not competitive (non-viable) so they can focus on the top two candidates. This encouraged a coalition process between parties from the start because there was only one election round. The party that should submit its own candidate but the candidate is less competitive tends to drop the candidate and endorse one of the two most competitive candidates. The plurality system, if implemented separately from the legislative elections, the parties in the legislative elections do not need to think about the influence of the presidential election. This plurality mechanism affects parties when carried out simultaneously with legislative elections. The parties tend to nominate one of the two most competitive candidates, and lead to gathering support for the legislative parties in the two candidates. When one of the candidates wins the presidential election, then support for the president in the legislature tends to be the majority or close to the majority. The combination of the presidential plurality election system carried out simultaneously with legislative elections is the most likely to help strengthen multi-party presidential systems. Thus the simultaneous implementation of elections will strengthen the presidential system in which the President and Vice-President are elected to gain strong legitimacy from the people, in order to realize the effectiveness of government and also the support base of the DPR.

TINJAUAN YURIDIS TERHADAP PENGEMBALIAN KEWENANGAN ISTIMEWA MAJELIS PERMUSYAWARATAN RAKYAT MELALUI PERUBAHAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

2018 ◽  
Vol 5 (1) ◽  
pp. 142
Author(s):  
Putu Ayu Anastasia Wierdarini
Keyword(s):  
Research Method ◽  
State Institution ◽  
Vice President ◽  
Legal Research ◽  
Conceptual Approach ◽  
Administration System ◽  
Material Content ◽  
The People ◽  
State Administration ◽  
Strategic Position

The amendment of the Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 positioned the Majelis Permusyawaratan Rakyat no longer as the highest state institution and the highest sovereign of the people. This has implications for the authority of the Majelis Permusyawaratan Rakyat to have a strategic position, namely to UUD 1945, to stipulate GBHN, to elect the president and vice president through amendment of its authority to be very limited and weak. This paper examines jurisdictionally how to restore the privileges possessed by the Majelis Permusyawaratan Rakyat through the amendment of the UUD 1945. A normative legal research method with statute approach and conceptual approach is used to analyze this problem.The results of the study indicate that the MPR's repatriation in the main and vital position in the Indonesian state administration system is very important, namely through amendments to the material content of the UUD 1945 which must be implemented on an ongoing basis.

At the Simla Conference and in the General Elections

2018 ◽  
Author(s):  
J.S. Grewal
Keyword(s):  
Large Degree ◽  
Large Majority ◽  
Degree Of Polarization ◽  
Considerable Proportion ◽  
Executive Council ◽  
Crucial Importance ◽  
The Future ◽  
General Elections ◽  
The Right

On Lord Wavell’s initiative, the Simla Conference was held to discuss the proposal of a new executive council and a new constitution for India after the war. Master Tara Singh represented the Sikh community at the Simla Conference. The Conference failed due to Jinnah’s insistence that the Muslim League alone had the right to nominate Muslim representatives on the Executive Council. The failure of the Conference made the general elections of 1945–6 all the more important. The general elections resulted in a large degree of polarization between the Hindus, Muslims, and Sikhs. The Muslim League got Muslim mandate in favour of Pakistan. The Congress got a mandate of Hindus and a considerable proportion of the Sikhs for independence without partition. The Akalis got support of the large majority of the Sikhs for an independent political entity of the Sikhs. This polarization was of crucial importance for the future.

scholarly journals The molecular footprints of COVID-19

2020 ◽  
Vol 45 (3) ◽  
pp. 241-248
Author(s):  
Engin Yilmaz ◽  
Yakut Akyön ◽  
Muhittin Serdar
Keyword(s):  
Reaction Time ◽  
Changing Environment ◽  
The Third ◽  
The Past ◽  
The People ◽  
The World ◽  
The Future ◽  
Host Virus Interactions ◽  
Virus Interactions

AbstractCOVID-19 is the third spread of animal coronavirus over the past two decades, resulting in a major epidemic in humans after SARS and MERS. COVID-19 is responsible of the biggest biological earthquake in the world. In the global fight against COVID-19 some serious mistakes have been done like, the countries’ misguided attempts to protect their economies, lack of international co-operation. These mistakes that the people had done in previous deadly outbreaks. The result has been a greater economic devastation and the collapse of national and international trust for all. In this constantly changing environment, if we have a better understanding of the host-virus interactions than we can be more prepared to the future deadly outbreaks. When encountered with a disease which the causative is unknown, the reaction time and the precautions that should be taken matters a great deal. In this review we aimed to reveal the molecular footprints of COVID-19 scientifically and to get an understanding of the pandemia. This review might be a highlight to the possible outbreaks.

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