scholarly journals SIFAT KEPUTUSAN BADAN PENGAWAS PEMILIHAN UMUM DALAM PENYELESAIAN SENGKETA PEMILIHAN UMUM

2021 ◽  
Vol 3 (4) ◽  
pp. 125-131
Author(s):  
Mia Siratni

Bawaslu resolves by deliberation by bringing together the disputing parties to then take a final and binding decision. The final and binding nature of this Bawaslu decision does not apply to certain disputes, namely the dispute over the verification of political parties participating in the General Election and the determination of the final list of candidates for the election of members of the DPR, DPD, and DPRD. The existence of these two characteristics of Bawaslu's decision then led to different interpretations between Bawaslu and the KPU. The formulation of the problem, namely 1). The authority of Bawaslu in resolving election disputes regarding the task of supervising the implementation of elections, 2). The nature of Bawaslu's decisions in resolving election disputes. The research method used in this paper is normative juridical, namely an approach to legal norms or applicable laws and regulations, theories, and history. From the discussion of the problem, it is concluded that a decision that is final and binding is given to Bawaslu by law in order to end election disputes so that it will show the role of Bawaslu as a unified function of organizing elections. Meanwhile, exceptions to the nature of final and binding decisions on political party verification disputes and the permanent list of candidates for members of the DPR, DPD, and DPRD indicate that Bawaslu is not a judicial institution, so it cannot decide disputes related to constitutional rights as election participants.

2020 ◽  
Vol 2 (2) ◽  
pp. 102-112
Author(s):  
Abd. Rais Asmar

The success of the performance of the political recruitment function by Political Parties departs from its cadre mechanism. This is supported by the regeneration of a good and responsible wing organization of political parties. This study aims to determine legal problems related to the function of the wing organization of political parties. The type of research in this writing is normative legal research, with a statutory approach and a literature approach. This research examines the laws and regulations on political parties and related legal norms. The data used are secondary data consisting of primary and secondary legal materials. Primary legal materials are in the form of Law Number 2 of 2008 concerning Political Parties, while secondary legal materials are in the form of books, journals and articles related to the topic of the problem. The results showed that there were still several problems, such as the lack of rules governing the Organization of the Political Party Wing and the activities of cadres related to their location and background.


Author(s):  
Muhammad Yusrizal Adi Syaputra

The political party's position as a determinant of government head nomination in Indonesia made the political party a central and strong role in the determination of the Cabinet in the presidential government of Indonesia and allowed the political party to determine the Cabinet domination established by the President elected. This research aims to determine the model of the presidential institution strengthening in the multi-party era in Indonesia and to know the political and juridical construction of the presidential institution in determining the cabinet in Indonesia. The method used is a normative legal research method with a conceptual approach. The results of this research are, firstly that the strengthening of the presidential institution in the multi-party era can occur when done with the restriction of political parties through the mechanism of the parliamentary threshold. Secondly, that the political construction of the cabinet determination by the President is based on the coalition of political party supporters of the government, and the juridical construction of the President may elect the Minister of the party proposal because it is based on article 6A paragraph (2) The Constitution of the Republic of Indonesia 1945. Kedudukan partai politik sebagai penentu pencalonan kepala pemerintahan di Indonesia menjadikan Partai Politik memiliki peran sentral dan kuat dalam penentuan kabinet di Pemerintahan Presidentiil Indonesia dan memungkinkan partai politik untuk menentukan dominasi kabinet yang dibentuk oleh Presiden terpilih. Penelitian ini bertujuan untuk mengetahui model penguatan lembaga kepresidenan pada era multi partai di Indonesia, dan untuk mengetahui konstruksi politis dan yuridis lembaga kepresidenan dalam menentukan kabinet di Indonesia. Metode yang digunakan adalah metode penelitian hukum normatif dengan pendekatan konseptual. Hasil penelitian memperlihatkan bahwa pertama, penguatan lembaga kepresidenan di era multi partai dapat terjadi apabila dilakukan dengan pembatasan partai politik melalui mekanisme parlementary threshold. Kedua, bahwa konstruksi politis penentuan kabinet oleh presiden didasarkan atas koalisi partai politik pendukung pemerintahan, dan konstruksi yuridis presiden dapat memilih menteri dari usulan partai karena didasarkan pada Pasal 6A ayat (2) UUD 1945.


Author(s):  
Muhammad Mukhtarrija ◽  
I gusti Ayu Ketut Rachmi Handayani ◽  
Agus Riwanto

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.


2013 ◽  
Vol 3 (2) ◽  
pp. 356-374
Author(s):  
Nur’Ayni Itasari

Abstract: The selection process through the  (general) election mechanism can be identified with the electoral system ever implemented in the Islamic government. First, the electoral system of ahl al-hall wa al-'aqd which was carried out by the trust and allegiance. Second, the electoral system of ahl al-hall wa al-'aqd which was done through the periodic election, selection in society, and by the head of state. Parliamentary Threshold (PT) is a threshold mechanism in place at legislative elections (for parliament) with a percentage of 2.5% for the political parties which contested the election to follow the counting in the determination of the House of Representative’s seats. Parliamentary Threshold, according to Law No. 10 year 2008, article 202, paragraph 1 (regarding the election of members of DPR, DPD and DPRD) in the 2009 election, was implemented by calculating the minimum total of 2.5% of the valid votes in the national political party contestants. Then those parties were listed, which ones were the Parliamentary Threshold and which ones were not the Parliamentary Threshold to determine BPP to calculate the DPR’s seats for the electoral party  contestants that had passed the threshold.Keywords: Parliamentary threshold, general election, democracy, and constitution


2020 ◽  
Vol 16 (4) ◽  
pp. 695
Author(s):  
Bayu Dwi Anggono

Penerapan Pancasila sebagai cita hukum bangsa Indonesia dan sekaligus sumber segala sumber hukum negara masih menghadapi sejumlah permasalahan salah satunya kemauan politik pembentuk peraturan perundang-undangan yang merupakan anggota Partai politik. Akibat pembentukan yang tidak bersumber pada Pancasila maka peraturan perundang-undangan yang diberlakukan di pusat maupun daerah menimbulkan permasalahan. Permasalahan yang dibahas dalam tulisan ini mengenai cara meningkatkan peran partai politik untuk mewujudkan peraturan perundang-undangan yang berdasarkan kepada nilai-nilai Pancasila. Metode pendekatan yang dipergunakan dalam tulisan ini adalah dengan pendekatan konseptual, dengan mendasarkan pada kedudukan Pancasila sebagai cita hukum, serta fungsi partai politik dalam negara demokratis. Temuan yang didapat yaitu fungsi legislasi sering dikesampingkan dibanding fungsi pengawasan dan anggaran, politik mayoritas menjadi dasar pemikiran para pembuat peraturan perundang-undangan dan bukan ukuran ideologi atau konstitusional, pragmatisme perekrutan calon anggota parlemen, serta adanya perilaku korupsi legislasi. Untuk meningkatkan peran partai politik mewujudkan peraturan perundang-undangan yang berdasarkan pada Pancasila dapat dilakukan dengan cara mewajibkan Parpol di semua tingkatan menyusun desain politik legislasi dalam masa kampanye Pemilu, kepengurusan Parpol dibagi ke dalam 3 (tiga) komponen salah satunya calon anggota lembaga perwakilan, ketegasan Parpol untuk menarik atau mengganti anggotanya di lembaga perwakilan yang lalai dalam menjalankan politik legislasi Pancasila, memasukkan kurikulum pendidikan Pancasila dalam pengkaderan anggota Parpol secara berjenjang dan berkelanjutan, dan negara segera membuat panduan atau pedoman sebagai dokumen resmi dalam menafsirkan dan memahami sila-sila Pancasila.The application of Pancasila as the legal idealsm of the Indonesia and as the source of all legal sources still dealing with some problems, one of which were the political will of laws and regulations maker which are the members of political parties. As a result of the formation that does not originate from Pancasila, the laws and regulations that are enforced at the central and regional levels cause problems. The issues discussed in this paper are about how to increase the role of political parties to refine laws and regulations based on Pancasila values. The method of approach used in this paper is a conceptual approach, based on the standing of the Pancasila as a legal idealism, as well as the function of political parties in a democratic country. The findings obtained are that the legislative function is often ruled out compared to the controlling and budgeting functions, political majorities become the rationale for legislators and not ideological or constitutional measures, pragmatism for recruiting parliament candidates, and the existence of corrupt behaviour in the legislation. To increase the role of political parties in refining laws and regulations based on Pancasila can be done by requiring the political parties at all levels to construct political legislation design in the election campaign period, management of political parties are divided into three (3) components one of which members of the legislature candidate, the firmness of political parties to withdraw or change the members in the legislature that fail to implement the Pancasila political legislation, including the Pancasila education curriculum in the cadre of political party members gradually and continuously, and the state immediately made guidelines as official documents in interpreting and understanding the Pancasila principles.


2015 ◽  
Vol 3 (2) ◽  
pp. 179 ◽  
Author(s):  
Ahmad Riyadh U.B. ◽  
Hendra Sukmana

The aim of this research was to discuss the model of recruiting candidates for legislative is conducted by political parties in Sidoarjo Regency. This research used descriptive qualitative. This research was conducted at the Governing Council of Political Parties in Sidoarjo Regency. Informants of this study were leaders of political parties in Sidoarjo, legislative candidates from political parties in Sidoarjo. The results showed that the model of recruiting candidates for legislative in accordance with collaboration models included models of Barber, Snowiss, Rush & Althoff et al. This can be seen from some of the steps in the recruitment socialization of registration, selection, after that determination of legislative candidate by a team of Election Campaign Boar (Bappilu) political party in the Sidoarjo Regency and the serial number in accordance with the criteria of the political party chairman and Election Campaign Boar (Bappilu). Furthermore, it is registered with the General Election Commission (KPU) Sidoarjo regency set to be candidates for Legislative (candidates) remain with serial numbers.


2020 ◽  
Vol 4 (1) ◽  
pp. 1-14
Author(s):  
Ahmad Gelora Mahardika

This study aims to examine and find out how to determine the postponement of the State Administrative Court related to Political Parties, as well as to evaluate the Government's compliance with the Court's Decision even though the decision was in the form of a decision. The focus of this research is related to the government's attitude towards the determination of the delay issued by the Jakarta Administrative Court to the Decree of the Minister of Law and Human Rights related to the management of the United Development Party and the Golkar Party. The research method in this article is normative juridical using the legislative approach and looking at case studies in the United Development Party and the Golkar Party. The conclusion in this article is that the adjournment of the administrative court adjournment is not effective, especially those related to internal political party disputes.


Author(s):  
Piero Ignazi

Chapter 3 investigates the process of party formation in France, Germany, Great Britain, and Italy, and demonstrates the important role of cultural and societal premises for the development of political parties in the nineteenth century. Particular attention is paid in this context to the conditions in which the two mass parties, socialists and Christian democrats, were established. A larger set of Western European countries included in this analysis is thoroughly scrutinized. Despite discontent among traditional liberal-conservative elites, full endorsement of the political party was achieved at the beginning of the twentieth century. Particular attention is paid to the emergence of the interwar totalitarian party, especially under the guise of Italian and German fascism, when ‘the party’ attained its most dominant influence as the sole source and locus of power. The chapter concludes by suggesting hidden and unaccounted heritages of that experience in post-war politics.


2019 ◽  
Vol 2 (1) ◽  
pp. 59-70
Author(s):  
Muhammad Ja’far

As an institution that is presented to oversee the implementation of elections, the General Election Supervisory Board is expected the role and integrity so that the implementation of elections can run as expected and running smoothly. The formulation of the issues raised is how the role of Election Supervisory Body in handling election disputes in Indonesia. The research method used is juridical normative with primary law material. The result of the research is that the Election Supervisory Board has an important role as the guard of the general election as mandated in the Law on the Implementation of General Election, it is mentioned that the function of Election Supervisor is as described in the duties, authorities and obligations of General Election Supervision


2008 ◽  
Vol 28 ◽  
pp. 289-291
Author(s):  
Wayne P. Steger

Understanding why certain candidates get nominated is an important aspect of political scientists. This topic is a narrow one and influences a wider variety of subjects such as the political parties, general elections, and even the extent to which the United States is a democratic country. Presidential nominees matter—they become the foremost spokesperson and the personified image of the party (Miller and Gronbeck 1994), the main selectors of issues and policies for their party’s general election campaign (Petrocik 1996; Tedesco 2001), a major force in defining the ideological direction of a political party (Herrera 1995), and candidates that voters select among in the general election. This volume is devoted to presidential nominations and the 2008 nomination specifically.


Sign in / Sign up

Export Citation Format

Share Document