scholarly journals Cabinet Formation Elections: Among Opposition, Coalition, or Collegiality of The Party’s Chairperson

Author(s):  
Sulardi Sulardi ◽  
Wafda Vivid Izziyana

Constitutional change is always tinged with a tense and lasting political constellation in both national and international contexts. the existence of transactional politics to gain seats constantly influences political dynamics in the election period. The method used in this research is the doctrinal method. Indonesia applies a presidential government system but does not fully follow the existing doctrine. several coalitions in the government coalition were made. As a result when the President and Vice President are nominated. political parties that support the nomination feel they have the right to join the government, as in the parliamentary system of government. The cabinet filling model is also influenced by supporting parties. It shows that political parties can collaborate to form a joint government, however, the President has the prerogative in determining who will be his minister. It should be carefully noted down that our country is a country adopting a presidential government system. As a result, the formation and the ministers elections of the government is not at the hand of the chairperson of the political parties coalition, but fully at the hand of the president as the President’s prerogative rights. This cannot be proceeded. Chairperson of the Political parties in a coalition may expect to get some seats of powers (minister) from the President Keywords: cabinet; election; political; party; chairperson

Author(s):  
Ishaq Rahman ◽  
Elyta Elyta

ABSTRACT A country that implements the system as mentioned earlier is more towards an authoritarian system of government which aims to dominate and dominate the power of the state towards the people. Democracy cannot survive from such a closed state. In a basic concept of democracy, there is a fundamental principle, namely the principle of sovereignty of the people who run the government.Political communication is one of the many roles played by political parties in various available arrangements. The political party is required to communicate knowledge, issues and political thoughts.Constitutionally, the Government adopts a Presidential System in which the ministers in the cabinet are responsible to the president. But in practice the SBY-JK administration is more of a Parliamentary System. Keywords: political parties, democracy, SBY government


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.


2021 ◽  
Vol 15 (2) ◽  
pp. 103-120
Author(s):  
Galih Raka Siwi ◽  
Reviansyah Erlianto ◽  
Maharani Nurdin

The existence of local political parties in Indonesia is a tangible form of the existence of special autonomy in a certain area. The specificity of a certain area is regulated in the 1945 Constitution Article 18B paragraph (1). In addition, the formation of local political parties is one of the human rights in the political field, as stated in Article 28E paragraph (3) of the 1945 Constitution. The research method uses a normative juridical approach with secondary data and analyzed descriptively qualitatively. Based on research, Papua Province has the right to form political parties (see Article 28 paragraph (1) of the Papua Province Special Autonomy Law). However, the phrase "political party" is considered to have multiple interpretations, thus creating legal uncertainty. Through the decision of the Constitutional Court Number 41/PUU-XVII/2019, the legal uncertainty can be guaranteed by the Constitutional Court Decision. In the future, by looking at the background and real needs of the Papua Province, it is possible to form a Local Political Party in the Papua Province, considering the condition of the Papua Province as a special autonomous region.Partai politik lokal di Indonesia merupakan wujud nyata adanya otonomi khusus di suatu daerah. Kekhususan suatu daerah diatur dalam UUD 1945 Pasal 18B ayat (1). Selain itu, pembentukan partai politik lokal merupakan salah satu hak asasi manusia di bidang politik, sebagaimana tercantum dalam Pasal 28E ayat (3) UUD 1945. Metode penelitian menggunakan pendekatan yuridis normatif dengan data sekunder dan dianalisis secara deskriptif kualitatif. Berdasarkan penelitian, Provinsi Papua berhak membentuk partai politik (lihat Pasal 28 ayat (1) UU Otsus Provinsi Papua). Namun, ungkapan “partai politik” dianggap memiliki multitafsir sehingga menimbulkan ketidakpastian hukum. Melalui putusan MK Nomor 41/PUU-XVII/2019, ketidakpastian hukum dapat dijamin oleh Putusan MK tersebut. Ke depan, dengan melihat latar belakang dan kebutuhan riil Provinsi Papua, dimung­kinkan dibentuknya Partai Politik Lokal di Provinsi Papua, mengingat kondisi Provinsi Papua sebagai daerah otonomi khusus.


2013 ◽  
Vol 2 (1) ◽  
pp. 41 ◽  
Author(s):  
Antti Pajala

In a parliamentary system it is by definition justified to assume the government parties voting almost always in a unitary manner in plenary votes. In a multiparty system it is, however, hard to predict how the opposition groups vote. Few studies analysing government-opposition voting in the Finnish parliament Eduskunta were published during the 1960s and 1970s. This study provides similar analyses regarding the parliamentary years of 1991-2012. Combined the studies provide an insight into the government-opposition relations since World War II. The results show that before the 1990s the government-opposition division in plenary votes appeared rather clear and the political party groups’ positions followed the traditional left-right dimension. Since the 1990s, the government-opposition division has become greater. The governing coalition acts almost as a bloc while the opposition groups are divided into moderate and hard opposition. The opposition groups, however, appear in a more or less random order. Consequently, since the 1990s the left-right dimension has disappeared with respect to plenary voting.


ICL Journal ◽  
2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Svetlana Tyulkina

AbstractThis article investigates recent developments in Spain’s anti-terrorism regime, in particular the 2002 Law on Political Parties which introduced a non-criminal procedure to outlaw political parties. The 2002 Law was adopted as a response to the continuing exist­ence of political violence associated with terrorist group ETA. It therefore constitutes part of the national counterterrorism regime. This article argues that the 2002 Law was a leg­islative novelty and that its immediate application to ban the political party Batasuna brought about substantial changes to the existing system of constitutional protection of political freedoms, as well as modifying the established standards of constitutional review of anti-terrorism legislation. Furthermore, the result of the November 2011 Spanish parlia­mentary elections has brought questions on the effectiveness of the 2002 Law and its pos­sible future application to the fore of political and legal discourse. The article concludes that the outcome of the 2002 Law on Political Parties is rather disappointing and suggests that there are lessons other democracies can learn both for their counterterrorism policies and treatment of political parties.


2020 ◽  
Vol 1 (2) ◽  
pp. 19-29
Author(s):  
Anak Agung Ngurah Agung Wira Bima Wikrama

Political parties are the only institution that has the right to propose candi- dates for president and vice president as stipulated in Article 6A paragraph 2 of the 1945 Constitution so that they will have power and legitimacy as heads of state and heads of government. These constitutional rights are not owned by any democratic institution other than political parties. However, in the process of holding the general election, it does not always go as expected, as stated in the KPU’s laws and regulations. There were irregulari- ties committed by candidates and by political parties in the form of Money Politics.According to the political dowry event is in the general election area based on the legal principle of Lex specialis derogat legimitation generaly which states that the law is specific (lex specialis) overrides the general law (lex generalis) the Money Politic event is resolved by an institution, namely Bawaslu (General Election Supervisory Board).Besides the Article 6A paragraph 2 of the 1945, there is also Law Number 10 of 2016 concerning the Second Amendment of Law No. 1 in 2015 concerning the stipulation of Perppu (the governmental regulation of low amandement) Number 1 in 2014 according to the governor’s election, regents and mayors, especially in Article 47, Article 187A,Article 187B, Article 187C and Article 187D which regulates general elections. But in reality there are many irregularities in the implementation of the Constitution and etc.Events in the form of political dowry still occured which is evidenced by the infor- mation given by several witnesses and as the victim and perpetrator of the political dowry. Surprisingly, the General Election Supervisory Board (Bawaslu) as an election watchdog institution mandated by the Act to enforce the prevailing regulations is very difficult to carry out its duties, reminding that Bawaslu has weaknesses in handling the alleged polit- ical dowry. The weakness of Bawaslu is that they do not have the power to take witnesses or people who will be questioned.The author argues that there is a need for a legal protection in the form of a law that provides better opportunities to Bawaslu so that the position of Bawaslu as an election supervisory bord can be much stronger.


2021 ◽  
Vol 27 (3) ◽  
pp. 14-25
Author(s):  
Boris Guseletov

The article examines the results of the parliamentary elections in Bulgaria held on 4 April and 11 July 2021. It compares the results of the leading political parties in the 2017 and 2021 elections, and describes all leading Bulgarian political parties represented in parliament from 2017 to 2021. The results of the government led by GERB party leader Boyko Borisov, formed as a result of the 2017 elections, are analyzed. The reasons for this government's falling rating and its impact on the election campaign are identified. How the coronavirus pandemic and the government's actions to deal with its consequences have affected the course and results of the election campaign. The activities of the country's main opposition parties, the centre-left Bulgarian Socialist Party and the Social Liberal Movement for Rights and Freedoms, are assessed. The course of the election campaign and its main topics are examined, as well as the new political parties that were elected to the parliament: the left-populist coalition "Rise Up! Mafia Get Out!", the right-populist party "There's Such a People!", and the liberal coalition "Democratic Bulgaria". The positions of the leading political parties of the country regarding their possible participation in the new government coalition are shown. The state of Russian-Bulgarian relations is analyzed and forecasts of how the results of the elections will affect the formation of the new government of that country and the relations between Russia and Bulgaria are given.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Patrick Mapulanga ◽  
Dorothy Doreen Eneya ◽  
Diston Store Chiweza

Purpose The purpose of this paper was to assess the similarities and differences between the Political Parties and the Access to Information Acts in Malawi. While political parties are largely funded by donations that are frequently kept as a secret, the Access to Information Act does not include political party funding among the categories of non-disclosed information. Design/methodology/approach This paper is based on the qualitative content analysis of the legislation in Malawi. Content analysis of the two pieces of legislation was adopted. This paper is a review of the literature and an examination of Malawi's Political Parties and Access to Information Acts. The document study was supplemented by a review of related literature on the two legislations. Findings The Political Parties Act prohibits the government, ministries and departments from directly or indirectly funding political parties. The Access to Information Act to ensure information generated by Malawi government ministries, departments and agencies is readily made available by the citizens when needed or requested. The Access to Information Act does not exempt political parties from disclosing their funding sources. The two acts work in tandem to promote accountability and transparency in political party funding and sources. Research limitations/implications This study is limited to Malawi's Political Parties and Access to Information Acts. Only the South African related acts have informed the paper. However, several acts within developing countries would have greatly aided the paper. Practical implications The implementation of the two pieces of legislation has implications for the balance between disclosure and non-disclosure of political party funding. Oversight functions and credible human resource capacity are needed in both political parties and government enforcement institutions. Social implications Oversight functions by the Administrator-General through the Registrar of Political Parties and the Malawi Human Rights Commission are key to the implementation of Malawi's Political Parties and Access to Information Acts, respectively. Proper enforcement of the oversight functions is expected to result in an open, transparent and accountable Malawian society. Originality/value Various players are needed in the accountability chain to protect disclosure and non-disclosure of information. Very little information is known on the powers, functions and duties of office bearers capable of enforcing legislation to keep political parties' funding clean. Little is known on how the citizens can access information regarding political parties funding.


Author(s):  
Ulrich Sieberer ◽  
Thomas M. Meyer ◽  
Hanna Bäck ◽  
Andrea Ceron ◽  
Albert Falcó-Gimeno ◽  
...  

The design of government portfolios – that is, the distribution of competencies among government ministries and office holders – has been largely ignored in the study of executive and coalition politics. This article argues that portfolio design is a substantively and theoretically relevant phenomenon that has major implications for the study of institutional design and coalition politics. The authors use comparative data on portfolio design reforms in nine Western European countries since the 1970s to demonstrate how the design of government portfolios changes over time. Specifically, they show that portfolios are changed frequently (on average about once a year) and that such shifts are more likely after changes in the prime ministership or the party composition of the government. These findings suggest a political logic behind these reforms based on the preferences and power of political parties and politicians. They have major implications for the study of institutional design and coalition politics.


2016 ◽  
Vol 4 (2) ◽  
Author(s):  
Laurensius Arliman S

Abstract: Elections means implementation of the sovereignty of the people held in directly, general, free, confidential, honest, and fair in the Republic of Indonesia under Pancasila and the Constitution of the Republic of Indonesia Year 1945. The implementation of the election has a lot of dynamics, among others political boat fees are expensive, expensive campaign funds to political imagery, the cost of consultations and surveys are expensive as well as winning money politics. Financial disclosure is very important political party in an election, because a lot of the flow of the corruption that is used in the election. As a result, people do not believe in political parties, or some communities in Indonesia began to no longer sympathetic to the political party. The idea of political party financial disclosure regulations should be initiated carefully in Indonesian election codification plan. Forward Indonesia must have arrangements campaign funds or political funds transparent, accountable, and has strict sanctions and binding on the parties involved, so that people come back believing again to political parties, and assured political parties place to channel their aspirations in granting the right in elections  Abtrak: Pemilu adalah sarana pelaksanaan kedaulatan rakyat yang diselenggarakan secara lansung, umum, bebas, rahasia, jujur, dan adil didalam Negara Kesatuan Republik Indonesia berdasarkan Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Pelaksanaan pemilu memiliki banyak dinamika, antara lain biaya perahu politik yang mahal, dana kampanye yang mahal untuk politik pencitraan, ongkos konsultasi dan survei pemenangan yang mahal serta politik uang. Keterbukaan keuangan partai politik sangat penting didalam pelaksanaan pemilu, karena banyak aliran hasil korupsi yang dipakai dalam pemilu. Akibatnya masyarakat tidak percaya kepada partai politik, atau sebagaian masyarakat Indonesia mulai tidak lagi simpatik pada partai poltik. Gagasan regulasi keterbukaan keuangan partai politik harus digagas dengan seksama didalam rencana kodifikasi pemilu Indonesia. Kedepan Indonesia harus memiliki pengaturan dana kampanye atau dana politik yang transparan, akuntabel, serta memiliki sanksi yang tegas dan mengikat para pihak yang terlibat, sehingga masyarakat kembali percaya lagi kepada partai politik, dan yakin partai politik tempat menyalurkan aspirasi mereka dalam pemberian hak dalam pemilu. DOI: 10.15408/jch.v4i2.3433


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