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 Pemilihan Kepala Daerah (Pilkada) dan Tantangan Demokrasi Lokal di Indonesia

2016 ◽  
Vol 1 (2) ◽  
pp. 212 ◽  
Author(s):  
Suyatno Suyatno
Keyword(s):  
Qualitative Methodology ◽  
New Order ◽  
Local Elections ◽  
Democratic Process ◽  
Local Democracy ◽  
Democratic Responsiveness ◽  
Local Leader ◽  
People Participation ◽  
Local Leaders

<p>Direct local leader elections (Pilkada) had replaced indirect local elections. It based on the spirit of people empowerment to participate choosing local leaders more democratic. Responsiveness is an important element besides participation which represent local democracy. These two variables will decide the local elections that can enhance the quality of local democracy. This paper uses qualitative methodology to analyze the data of participation and responsiveness of Pilkada as an important variables in local democracy. People participation in Pilkada is not as high as the participation in New Order elections. Their participation are more substantive because accompanied assessment of the level of responsiveness of a local leader. Incumbent successful running of local responsiveness will get continued success as the next local elections victory. In contrast, incumbent who failed in the implementation of responsiveness will obtain defeat. Victory and defeat incumbent in the election can be stated that the relevance of participation and responsiveness become very important in the local democratic process as a whole.</p>

scholarly journals STUDI DINAMIKA MEKANISME PILKADA DI INDONESIA DAN PERBANDINGAN MEKANISME PILKADA NEGARA LAINNYA

2015 ◽  
Vol 4 (1) ◽  
pp. 59
Author(s):  
Loura Hardjaloka
Keyword(s):  
Dynamic System ◽  
Local Council ◽  
Local Election ◽  
Direct Election ◽  
The People ◽  
The Future ◽  
Election System ◽  
Regional Leaders ◽  
Constitutional Meaning ◽  
Special Region

Frasa ” dipilih secara demokratis ” dalam Pasal 18 ayat (4) Undang-Undang Dasar 1945 selalu ditafsirkan bahwa pemilihan kepala daerah harus dilakukan secara langsung oleh rakyat. Untuk memahami tafsiran sesungguhnya, tulisan ini akan membahas mengenai tafsiran ketentuan tersebut terhadap mekanisme pemilihan kepala daerah, disamping itu akan dibahas pula dinamika pemilihan kepala daerah (termasuk di daerah istimewa) di Indonesia dari masa ke masa, dan perbandingan sistem pemilihan kepala daerah di negara lainnya. Melalui penelitian yuridis normatif, diketahui bahwa secara konstitusional makna frasa tersebut dapat diartikan dalam bentuk pemilihan langsung dan pemilihan oleh Dewan Perwakilan Rakyat Daerah. Terhadap mekanisme pemilihan kepala daerah di Negara lain pada dasarnya juga pernah diterapkan di Indonesia. Akan tetapi, berdasarkan kisruh yang terjadi beberapa lalu terkait pemilihan kepala daerah di Indonesia melalui pemilihan Dewan Perwakilan Rakyat Daerah memunculkan isyarat bahwa rakyat lebih puas dengan pemilihan langsung. Sebaliknya di daerah istimewa Yogyakarta, rakyat lebih puas untuk tetap menetapkan turunan Sultan yang menjadi pemimpin mereka. Dengan demikian, alangkah baiknya pemerintah memperhatikan aspirasi rakyat sebelum mengubah mekanisme pemilihan kepala daerah untuk meminimalisir terjadinya kisruh.<p>The phrase ”shall be elected democratically” in Article 18 paragraph (4) of the 1945 Constitution of Indonesia is always interpreted that regional leaders shall be elected directly by the people. According to that, this paper will discuss the provisions interpretation about election system for regional leaders, the dynamic system in the local election for regional leaders (including in special regions) in Indonesia, and comparison with other countries. Through normative juridical research, the constitutional meaning of the phrase can be interpreted both as direct election and election by the Local Council. The local election for regional leaders in other countries basically has been applied in Indonesia. However, based on the protest that occurred related to the election by the Local Council gave us a sign that people prefer direct election. Unlike in Yogyakarta, as a special region in Indonesia, the Yogya’s people prefer to be led by Sultan’s descendant. Thus, in the future, government should understand people’s will before changing the election system for regional leaders to minimize conflicts.</p>

scholarly journals DESIGN OF SPECIAL JUSTICE AGENCY ELECTION CHAIN IN INDONESIA

2017 ◽  
Vol 1 (1) ◽  
pp. 68
Author(s):  
Tri Susilo
Keyword(s):  
Government Regulation ◽  
Dispute Settlement ◽  
Ad Hoc ◽  
Institutional Design ◽  
National Level ◽  
Constitutional Court ◽  
Local Elections ◽  
Direct Election ◽  
Legal Remedies ◽  
Election Results

<p>Past-approval of government regulation in lieu of Law No.1 of 2014 concerning the election of governor, regent, and mayor (hereinafter called local election), In accordance with the decision of the Constitutional Court Number 97 /PUU-XI / 2013, the Constitutional Court is no longer authorized to resolve disputes on direct election results, because the provisions of Article 236C of Law Number 12 Year 2008 NRI are against the Constitution of 1945. Article 157 paragraph (1) Law No. 8 Year 2015 determines that the dispute settlement on direct election results become the authority of specialized judiciary. But before a specialized judiciary is formed, then the Constitutional Court is authorized to resolve disputes on direct election results. The authority of the Constitutional Court is the constitutional authority to fulfill temporary legal vacuum (rechtvakum). Therefore legislators should immediately establish a specialized judiciary which has the authority to resolve the disputes on direct election results. There is a new design in election mechanisms of regional hand. The law a quo stated that elections be held simultaneously at the national level. This design would require regulatory support, such as the establishment of as special court, solve any disputes that arise from the election. The problems emerge in this study is how the urgency of special court, how it compares to special court on election matters in various countries and how the relevance of the comparison can be applied in Indonesia. This was conducted using a legal-normative research. The research conclude unable to meet the demands for justice, for example, the court's decision are settled after the elections conducted and thick-layers on legal remedies so it is counterproductive to the election that have limited period of time. These legal remedies are even separated in several judicatures. Various countries have also established a special court on local elections with a variety of institutional design and procedural law. For Indonesia, the special court is ad hoc court, based on provincial and district or city and authorized to settle disputes concerning the local elections.</p>

scholarly journals Problematics of Direct Elections for Local Head after the Amendment of the 1945 Constitution of the Republic of Indonesia

2017 ◽  
Vol 13 (7) ◽  
pp. 158
Author(s):  
M. Tauchid Noor ◽  
Kamarudin Kamarudin
Keyword(s):  
General Election ◽  
New Order ◽  
Local Election ◽  
Direct Election ◽  
Old Order ◽  
The People ◽  
Election System ◽  
Independence Era ◽  
The Republic ◽  
Local Leaders

The amendment of the 1945 Constitution sets that governors, regents, and local mayors are democratic in their election, originally selected by the legislative assembly and latterly sifted into direct election from the people. Based on the regulation No. 22 of 2007, it states that the election of local leader and co-leader is characterized as the part of general election regime, and thus it brings impact on local election, which should run directly as well. This article examines the arising problems on local election after the amendment of the 1945 Constitution, which reveals various problematic factors in the implementation of direct election for local head has been officially established. Indonesia has run local election many times in different eras, including in Dutch colonialism, Japan colonialism, and post-independence era. In post-independence era, Indonesia also has various political climates and traditions and including Old Order, New Order, and reformation era. The alteration of this general election system aims to provide fair democracy for all people to vote for their local leaders. The implementation, however, encounters several factors and problems derived from the level of participation up to the readiness of local election committee.

scholarly journals EKSISTENSI PEMBENTUKAN HUKUM OLEH HAKIM DALAM DINAMIKA POLITIK LEGISLASI DI INDONESIA

2015 ◽  
Vol 4 (3) ◽  
pp. 413
Author(s):  
Budi Suhariyanto
Keyword(s):  
Legal System ◽  
House Of Representatives ◽  
Research Method ◽  
Political Process ◽  
Social Engineering ◽  
Constitutional Court ◽  
Legal Research ◽  
The Law ◽  
Law And Justice ◽  
Sense Of Justice

<p>Secara normatif hakim Indonesia disebut sebagai Penegak hukum dan keadilan tidak sebatas corong undang-undang. Hakim wajib untuk menemukan, menggali dan membentuk hukum yang sesuai dengan nilai dan rasa keadilan masyarakat. Secara teoritis pembentukan hukum oleh Hakim pun diakui sebagai salah satu sumber hukum formil dalam sistem hukum Indonesia dan dapat diakomodasi oleh DPR (Positif Legislator) dalam pembaruan undang-undang. Tulisan ini bermaksud untuk meneliti masalah eksistensi pembentukan hukum oleh hakim dalam dinamika politik legislasi (baik yang bersifat positif legislasi sebagaimana diwenangi oleh DPR bersama Presiden maupun negatif legislator yang diperankan oleh putusan Mahkamah Konstitusi). Dengan menggunakan metode penelitian hukum normatif, diperoleh kesimpulan bahkan dalam konteks tertentu Hakim didorong untuk melakukan pembentukan hukum baru yang berfungsi sebagai a tool of social engineering . Jika pembentukan hukum oleh Hakim diikuti secara konstan oleh Hakim lain maka dapat dijadikan sebagai sumber hukum formil dalam sistem hukum nasional (yurisprudensi).</p><p>Normatively in Indonesia, a judge is also known as the law and justice enforcement agency, not just decided cases based on written law. Judges are obliged to discover, explore and establish a legal system that suitable with local values and sense of justice. Theoretically Judge Decisions (known also as Jurisprudence) are also recognized as one of the source of formal lawsin the Indonesian legal system and can be accommodated by the Parliament (Positive Legislators) in the renewal of the law. This paper intends to examine the existence of the Judge made laws in dynamic-political process of legislation (whether positive legislation that is ruled by the House of Representatives and the President or negative legislator who are ruled by the Constitutional Court). Using a normative-legal research method, the conclusion even in the context of a particular judges are encouraged to establish anew legal construction that intended as a tool of social engineering. If the judge-made law is followed constantly by other judges, it can be used as a source of formal law in the national legal system (jurisprudence).</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 Evaluasi Pilkada Pelaksanaan Pilkada Serentak Tahun 2015

2016 ◽  
Vol 1 (2) ◽  
pp. 196
Author(s):  
Pangi Syarwi Chaniago
Keyword(s):  
House Of Representatives ◽  
Qualitative Method ◽  
Constitutional Court ◽  
Regional Government ◽  
Government Budget ◽  
Quality Of Democracy ◽  
Direct Election ◽  
Election Results ◽  
Sense Of Justice

<p>This study was carried out to evaluate the enforcement of the first direct district heads election in 2015, in order to promote the quality of democracy. This study applied qualitative method. There were several findings on this study; (1) direct district heads election has not been efficient yet; (2) direct district heads election has not been able to promote political participation; (3) direct district heads election has not been able to shut off money politic; (4) recruitment the election of district head candidates has not been transparant; (5) financing of direct election was not charged (appropriate) to Regional Government Budget; (6) Constitutional Court refused to adjudicate the dispute of election results if the margin of ballot more than 2%, it broke sense of justice; (7) the phenomenon of the emergence of a single candidate for district heads due to regulations, the must withdraw from candidacy for they were civil servants, military/police, House of Representatives, Regional Representative Board and Regional House of Representatives.</p>

scholarly journals REORIENTASI HUKUM PEMILUKADA YANG MENSEJAHTERAKAN RAKYATNYA

2014 ◽  
Vol 14 (2) ◽  
Author(s):  
Retno Saraswati
Keyword(s):  
The State ◽  
Local Elections ◽  
Election Law ◽  
Legal Policy ◽  
Local Election ◽  
Direct Election ◽  
Democratic State

Currently, the implementation of direct election for regional leader (pilkada) is not able to create people's welfare. Even it tends to harm the morale of state officials and people as well. In regard to this, the state should take immediate political measures   to change direct local elections law into indirect one. In the perspective of a democratic state, indirect local election is in line with the concept of Indonesian democracy and also in accordance with   legal politics for people’s welfare. Thus, the election law is more meaningful to the Indonesian society.Keywords : Welfare, Indirect local elections, legal policy 

scholarly journals Phenomenon of Constitutional Law 
Regarding the Authority of Deputy Local Leaders
 in Local Elections (Pilkada) Results

2020 ◽  
Vol 12 (2) ◽  
pp. 261-272
Author(s):  
Hendra Sudrajat
Keyword(s):  
Constitutional Law ◽  
Vice President ◽  
The State ◽  
Local Elections ◽  
Government Services ◽  
Direct Election ◽  
State Constitution ◽  
State Administration ◽  
The Reformation ◽  
Local Leaders

Since the reformation era in 1998 through amendments to the 1945 Constitution, which began in 1999 to 2002, it has impacted Indonesia's state administration system's structure. The direct election system's opening in the election of the President and Vice President and the legislature to the local elections (Pilkada). Local elections (Pilkada) candidates are a package for local leaders, which fascinating to examine. In Article 18, paragraph (4) to the 1945 Constitution does not mention the Deputy local leaders, thus causing problems. When the Deputy local leaders authority is limited by the constitution, which has an impact on conflicts of authority between the local leaders and Deputy local leaders, which results in disrupted government services. This study aims to provide a solution to this phenomenon so that it finds two options, namely, first to retain the position of Deputy local leaders in the local elections with the complaint mechanism method and precise judgment of taxation, and secondly to be consistent with the state constitution, the local elections (Pilkada) is held without a Deputy local leaders candidate with his position replaced. by the local secretary.

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.

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