scholarly journals Politik Mahar Di Indonesia: Antara Ada dan Tiada

2020 ◽  
Vol 1 (2) ◽  
pp. 19-29
Author(s):  
Anak Agung Ngurah Agung Wira Bima Wikrama
Keyword(s):  
Political Parties ◽  
Supervisory Board ◽  
Legal Protection ◽  
Vice President ◽  
General Election ◽  
The Political ◽  
Constitutional Rights ◽  
General Law ◽  
The Right ◽  
Heads Of State

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.

scholarly journals Politics and Political Participation of “Grass-Roots” in General Election 2019, Bandar Selamat Regency, Medan, Indonesia

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Rehia K. Isabella Barus ◽  
Armansyah Matondang ◽  
Nina Angelia ◽  
Beby Masitho Batubara
Keyword(s):  
Political Parties ◽  
Political Participation ◽  
General Election ◽  
The Political ◽  
The Public ◽  
Grass Roots ◽  
The People ◽  
The Right ◽  
Two Stages

Ahead of the 2019 general election which is divided into two stages, namely the Legislative election and the Presidential election. This event is the right moment to find out the political participation of the people at the grass-roots level while at the same time seeing the interaction between the people in the grass-roots and political parties. The interaction that wants to be seen is what forms of political behavior and community participation at the grassroots, as well as how political parties behave in interacting with this community. Then the important point that is also seen is how political parties behave in involving and seeking to raise support from the community. In the end, through this research, it will be known the quality of political participation from the public and electoral political parties in 2019.

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 HAK KONSTITUSIONAL PENGUSULAN PASANGAN CALON PRESIDEN DAN WAKIL PRESIDEN DALAM SISTEM PEMILIHAN UMUM DI INDONESIA

Al-Qadha ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 59-79
Author(s):  
Irwansyah
Keyword(s):  
Political Parties ◽  
Electoral System ◽  
Vice President ◽  
General Election ◽  
Constitutional Rights ◽  
The Law ◽  
The Republic ◽  
First Time

Political parties in the constitution of the Republic of Indonesia and the law have constitutionalrights to propose candidates for President and Deputy President. The current electoral systemrequires that before nominating the President and Vice President, political parties must have 20percent of the vote in the legislature / DPR or obtain 25 percent of the national legitimate votes inthe previous general election. With the implementation of this system, not all political parties canpropose candidates for President and Vice President candidates. Then what is the fate of the partythat does not achieve this provision even the new party which is also the first time participating inthe general election. With the application of the nomination threshold in the electoral system inIndonesia, it will certainly restrict or limit the constitutional rights of political parties that do not meet the desired conditions of the threshold

Kampanye Pemilihan Umum Presiden dan Wakil Presiden Perspektif Fikih Siyâsah

2015 ◽  
Vol 5 (1) ◽  
pp. 1-32
Author(s):  
Anis Hidayati
Keyword(s):  
Vice President ◽  
Point Of View ◽  
General Election ◽  
The Political ◽  
Election Campaign ◽  
Political Rights ◽  
The People ◽  
The Republic ◽  
The Right ◽  
Positive Effect

Abstract: This article discusses about a Islamic political jurisprudence’s point of view againts campaign for president and vice president election. It is carried out based on Law No. 42 year 2008 concerning with the election of president and vice president. The general election campaign is a sovereign right of the people to produce democratic government based on Pancasila and the Constitution of the Republic of Indonesia (UUD) 1945. The implementation of the general election campaign has a positive effect that is beneficial for the candidates and for the publics to know the candidates they would choose to be a leader. In Islamic political jurisprudence’s perspective, the implementation of the general election campaign for president and vice president can realize the political rights of individuals associated with the right to nominate and the right to occupy a certain post. All of the people and citizens are entitled to gain a guarantee of their human rights (Hurriyah al-shakhsiyyah) before the law and government.Keywords: Campaign, general election, president, Islamic political jurisprudence.

scholarly journals Pengusulan Pasangan Calon Presiden Dan Wakil Presiden Sebagai Peserta Pemilu Menurut Undang-Undang Pilpres

2016 ◽  
Vol 3 (2) ◽  
pp. 339-352
Author(s):  
Ahmad Farhan Subhi
Keyword(s):  
Political Parties ◽  
Presidential Election ◽  
Vice President ◽  
General Election ◽  
The Political ◽  
Legal Analysis ◽  
Election Law ◽  
Candidate Pair ◽  
Legal Position ◽  
The Republic

Abstract : Nomination of the Candidate Pair of President and Vice President For Participants Election According to the Presidential Election Law. Knowing the legal position of the candidates for President and Vice-President and the Political Parties Elections, namely Knowing setting Political Parties in the nomination of the Candidate Election of President and Vice-President and the timing of the nomination of the candidate of President and Vice President based on legal analysis. It is motivated by the lack of rules regarding the nomination of candidates for President and Vice President of the Law No. 42 Year 2008 on the General Election of President and Vice President, namely in the norm of Article 9 and Article 14 paragraph (2) which do not conform to the norms of Section 22E paragraph (3) and the norm of Article 6A paragraph (2) of the Constitution of the Republic of Indonesia (the 1945 NRI 1945).  Abstrak : Pengusulan Pasangan Calon Presiden dan Wakil Presiden Sebagai Peserta Pemilu Menurut Undang-Undang Pilpres. Mengetahui kedudukan hukum calon Presiden dan Wakil Presiden dan Partai Politik Peserta Pemilu, yakni Mengetahui pengaturan Partai Politik Peserta Pemilu dalam pengusulan Calon Presiden dan Wakil Presiden dan pengaturan waktu pengusulan Calon Presiden dan Wakil Presiden berdasarkan analisa hukum. Hal tersebut dilatar belakangi oleh adanya aturan mengenai pengusulan calon Presiden dan Wakil Presiden dalam Undang-Undang Nomor 42 Tahun 2008 Tentang Pemilihan Umum Presiden dan Wakil Presiden, yakni di dalam norma Pasal 9 dan Pasal 14 ayat (2) yang tidak sesuai dengan norma Pasal 22E ayat (3) dan norma Pasal 6A ayat (2) Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 (UUD NRI 1945).  DOI: 10.15408/jch.v2i2.2324

scholarly journals MEKANISME PENCALONAN DAN PENGISIAN JABATAN PRESIDEN DAN WAKIL PRESIDEN YANG DEMOKRATIS DAN KONSTITUSIONAL

2020 ◽  
Vol 11 (1) ◽  
pp. 76
Author(s):  
Widya Hartati ◽  
Ratna Yuniarti
Keyword(s):  
Political Parties ◽  
Vice President ◽  
General Election ◽  
The Other ◽  
Constitutional Rights ◽  
Great Expectations ◽  
Other Hand ◽  
The People ◽  
Election Process ◽  
The Individual

 This study discusses the implementation of the State namely the election of President and Vice President through the general election process (Election). Election is a peaceful process of changing power carried out in accordance with the principles outlined in the constitution. On the other hand, the implementation is not yet democratic and of good quality. This research is a normative legal research, and uses descriptive qualitative analysis. The results of this study indicate that the mechanism for nominating and filling the positions of President and Vice President, is considered still contrary to the principle of popular sovereignty, unconstitutional, violating the principles of democracy and the constitutional rights of political parties and citizens. The mechanism for nominating and filling the positions of President and Vice President will be more democratic if, carried out through political parties and individual channels. For the nomination of the President and Vice President of the Individual Track, in the 2019 simultaneous elections, not a single candidate had passed through the requirements. On the other hand the great expectations of the people so that the Indonesian General Election can be more democratic and the leaders produced are truly from the people, by the people, for the people. Representation through political parties and individual candidates is one mechanism in producing quality leaders.Keywords: constitutional, democratic, presidential election and vice presidentABSTRAKPenelitian ini membahas tentang penyelenggaraan Negara yaitu pemilihan Presiden dan Wakil Presiden melalui proses pemilihan umum (Pemilu). Pemilu merupakan proses pergantian kekuasaan secara damai yang dilakukan sesuai dengan prinsip-prinsip yang digariskan oleh konstitusi. Disisi lain, pelaksanaannya belum demokratis dan berkualitas. Penelitian ini merupakan penelitian hukum normatif, dan menggunakan analisis deskriptif kualitatif. Hasil penelitian ini menunjukkan bahwa mekanisme pencalonan dan pengisian jabatan Presiden dan Wakil Presiden, dinilai masih bertentangan dengan prinsip kedaulatan rakyat, inkonstitusional, melanggar prinsip-prinsip demokrasi dan hak-hak konstitusional partai politik maupun warga negara. Mekanisme pencalonan dan pengisian jabatan Presiden dan Wakil Presiden akan lebih demokratis bila, dilakukan melalui jalur partai politik dan jalur perseorangan. Untuk pencalonan Presiden dan Wakil Presiden Jalur Perseorangan, pada pemilu serentak tahun 2019, belum ada satu calon pun yang berhasil lolos melalui persyaratan. Disisi lain besar harapan rakyat agar Pemilihan Umum Indonesia bisa lebih demokratis dan pemimpin yang dihasilkan benar-benar dari rakyat, oleh rakyat, untuk rakyat. Keterwakilan melalui partai politik dan calon perseorangan merupakan salah satu mekanisme dalam menghasilkan pemimpin yang berkualitas.Kata kunci: demokratis, konstitusional, pemilu presiden dan wapres

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

2020 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Sulardi Sulardi ◽  
Wafda Vivid Izziyana
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Vice President ◽  
The Political ◽  
Constitutional Change ◽  
Political Dynamics ◽  
Parliamentary System ◽  
The Government ◽  
The Right ◽  
Government Coalition

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

scholarly journals The role of the constitutional complaint in the legislative process: Comparative legal aspect

2021 ◽  
Vol 39 (69) ◽  
pp. 833-850
Author(s):  
Nataliia I. Brovko ◽  
Liudmyla P. Medvid ◽  
Ihor Y. Mahnovskyi ◽  
Vusal A. Ahmadov ◽  
Maksym I. Leonenko
Keyword(s):  
Quality Assurance ◽  
State Government ◽  
Legal Aspect ◽  
Legislative Process ◽  
Constitutional Rights ◽  
State Legislation ◽  
The Subject ◽  
The Right ◽  
Heads Of State

The article deals with the role of constitutional complaint in the system of quality assurance of the state legislation, for protection of the rights and freedoms. Constitutional complaints, as well as their optimal models, require detailed research. Comparative analysis and survey are the main methods. The subject of a constitutional complaint in the model proposed by the authors may be laws or their individual provisions, regulations of heads of state, government, other statutes and regulations, individual administrative acts, judgements in specific cases. Citizens, foreigners, stateless persons, and legal entities are subjects who have the right to file a constitutional complaint. The authors attribute the following conditions of admissibility of a constitutional complaint: the presence and proof of violation of his/its constitutional rights and freedoms, the use of all other remedies to protect violated rights and freedoms, compliance with deadlines for filing a constitutional complaint in some countries, and payment of state duty. The model proposed by the authors is, however, universal, and further needs to be detailed for countries of interest.

scholarly journals La renta básica universal y los Programas Electorales 2016 de los Partidos Políticos

2019 ◽  
pp. 237-255
Keyword(s):  
Comparative Analysis ◽  
Social Policy ◽  
Political Parties ◽  
General Election ◽  
The Political ◽  
Basic Income ◽  
Social Equality

Resumen: El trabajo se centra en una cuestión poco tratada, como es la renta básica universal y su relación con los actuales programas de los partidos políticos, con los que han concurrido a las elecciones generales, con una doble dimensión: a) lo que cada programa presenta y defiende acerca de esta renta o medidas similares (justificación, alcance y límites), y b) una vez esbozadas la idea y alcance de la renta en cada partido, el análisis comparativo de las diversas propuestas de los partidos, abundando en la cercanía o la distancia de tales propuestas con una renta básica universal Palabras clave:renta básica universal, rentas de solidaridad, políticas sociales, igualdad social, soluciones a la pobreza. Abstract: The work focuses on a little-treated issue, as it is the universal basic income and its relationship with existing programmes of the political parties, which have attended the general election, with a double dimension: (a) what each program presents and defends about this income or similar measures (justification, scope and limits), and b) once outlined the idea and scope of the income in each party, the comparative analysis of the various proposals of the parties, abounding in the closeness or distance of such proposals with a universal basic income. Keywords:universal basic income, income from solidarity, social policy, social equality, solutions to poverty.

scholarly journals PROBLEMS OF PROTECTION AGAINST CORRUPTION IN THE HEALTHCARE SYSTEM

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 65-70
Author(s):  
E. V. Shirmanov ◽  
Keyword(s):  
Health Sector ◽  
Legal Protection ◽  
Criminal Code ◽  
Right To Health ◽  
Constitutional Rights ◽  
Quality Of Medical Care ◽  
The Subject ◽  
The Right ◽  
Normal Relationship

The Right to health protection is one of the most fundamental constitutional rights. It is subject to criminal legal protection. While the attacks on him appear not only in the form of crimes such as causing harm by negligence (part 2 of article 118 of the Russian Criminal Code), failure to assist a patient (article 124 of the Russian Criminal Code), etc., but also corruption crimes. Corruption threatens the normal relationship between doctor and patient, medical institution and patient, which reduces the quality of medical care. It threatens not only people’s property, but also their lives and health. Manifestations of corruption in health care are different, they are many, and they should all be taken into account in determining measures and means to combat this dangerous social phenomenon. The effectiveness of the fight against corruption in the health sector is largely due to the knowledge of its various manifestations. These problems are the subject of the proposed article

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