scholarly journals Design of The Position Consultative Assembly Before and After The Amandement of State Constitution of The Republic Indonesia

2021 ◽  
Vol 15 ◽  
pp. 266-275
Author(s):  
Connie Pania Putri ◽  
Suci Flambonita ◽  
Erniwati Erniwati ◽  
Diana Novianti
Keyword(s):  
Political System ◽  
Vice President ◽  
Political Life ◽  
Governing Body ◽  
State Constitution ◽  
The People ◽  
Before And After ◽  
The Republic ◽  
The Right ◽  
Election Commission

Indonesia’s political system changed  after the amandment of the state’s constitution. As a consequence, significant changes in the system are inevitable, one of which is the paradigm of its governing body. The amended constitution states that all governing bodies are level, not placing its people’s consultative assembly at the highest position of the people sovereignty manifestation at the fullest. The changes in the state’s governing bodie’s position causes transposition of their tasks and authorities. The previous assembly’s authority, bestowed by the constitution, limits itself into not having regular authority except inaugurating selected president and vice president according to the statutes of the General Election Commission once in five years. Nevertheless, a further discussion may lead to a finding that, in practice, the assembly’s authority is substantively fundamental for Indonesia’s political life. It has the right of amending and ordaining the constitution, for example, which is crucial for the politic since 1945 State Constitution of the Republic of Indonesia is the highest of all laws and regulations.

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 HAK ATAS PENGADAAN DAN STANDAR RUMAH BAGI MANTAN PRESIDEN DAN/ATAU MANTAN WAKIL PRESIDEN REPUBLIK INDONESIA

2017 ◽  
Vol 4 (1) ◽  
pp. 46
Author(s):  
Laurensius Arliman Simbolon
Keyword(s):  
Middle Class ◽  
Vice President ◽  
Lower Middle Class ◽  
The Public ◽  
The People ◽  
Presidential Decree ◽  
Supreme Leader ◽  
The Republic ◽  
The Right ◽  
Sense Of Justice

President is the supreme leader in the Republic of Indonesia, it is also clearly stated in the Constitution of the Republic of Indonesia Year 1945. After the outgoing president, and became ordinary Indonesian citizens, the president is also still get one of their rights, namely the right to earn a living, it is a form of tribute to the former President or Vice President who has been leading this country during the period of his leadership. Towards the end of his term, Susilo Bambang Yudhoyono to change the rules providing a home for former president and vice president. The change was then poured in Presidential Regulation No. 52 Year 2004 on the Amendment of Presidential Decree No. 88 Year 2007 concerning Procurement and Standard Home for Former President and Vice President. The policy made by President, invited strong reactions from the public. Therefore, the facilities will be reserved for the former president and vice president in the form of procurement of the house is considered very exaggerated and does not reflect a sense of justice for the people, especially people from the lower middle class who until now have not had a home. In this paper will discuss the procurement and the right to a standard home to the former president and / or the former vice president of the republic of Indonesia, and controversy procurement and standards for the former president's home and / or former vice president of the republic of Indonesia.

scholarly journals Kewenangan Komisi Pemilihan Umum dalam Menetapkan Pasangan Calon Presiden dan Wakil Presiden

2015 ◽  
Vol 5 (1) ◽  
pp. 33-62
Author(s):  
M. Zainuddin MZ
Keyword(s):  
Vice President ◽  
General Election ◽  
Unitary State ◽  
The People ◽  
The Republic ◽  
Commission President ◽  
Election Commission

Abstract: The General Election Commission (KPU) is national, permanent, and independent general election organizers. General election, which is held to elect members DPR, DPRD, DPD, the president and vice president, is a means of implementing the rule of the people who carried out directly, generally, freely, confidentially, honestly and fairly in the Unitary State of the Republic of Indonesia based on Pancasila and Constitution of the Republic of Indonesia (UUD) 1945. Within the Islamic political jurisprudence’s perspective, the duties and authorities of the General Election Commission in selecting the candidate for president and vice president participants are not contrary to the principles or the Islamic teachings. They also more emphasize to consultation and transparency in justice in doing the job. Otherwise, KPU can also be equated with ahlul halli wal aqdi institution. This institutions has the authority to decide and accommodate the aspirations of the people and institutions that have duty to determine a leader.Keywords: Electoral commission, president, Islamic political jurisprudence.

scholarly journals The Strategy of General Election Commission (KPU) in Increasing Women's Roles in Pesawaran District

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Ida Farida ◽  
M Ardiansyah ◽  
Yetti Reffiani
Keyword(s):  
Qualitative Data ◽  
Voting Rights ◽  
General Election ◽  
The People ◽  
Internet Media ◽  
Role Of Women ◽  
The Republic ◽  
The Right ◽  
Election Commission

AbstractElection is the embodiment of democracy in Indonesia, the political participation of the people in elections which is implemented in the form of voting rights by people who already have the right to vote. Article 1 paragraph 2 of the 1945 Constitution of the Republic of Indonesia states that sovereignty is in the hands of the people and is exercised according to the Constitution, in its implementation, an Election is held as a process of channeling the aspirations of the people who already have rights where all citizens have the same rights to choose and be chosen to be a leader. The purpose of this research is to provide an understanding and description of the strategy of the General Election Commission in enhancing the role of women in the Regional Head Elections in Pesawaran District in 2020. This research uses qualitative data analysis methods, namely describing and analyzing the data and data sources obtained and then described in the form real explanation. The results showed that the strategy of the General Election Commission (KPU) of Pesawaran Regency in increasing the role of women in regional head elections was carried out by maximizing the ability of electronic media and internet media to socialize, increasing cooperation from related organizations to socialize, and Validating Voter Data.AbstrakPemilu merupakan perwujudan dari Demokrasi di Indonesia, Partisipasi politik masyarakat dalam Pemilu yang diimplementasikan dalam bentuk pemberian hak suara oleh masyarakat yang telah memiliki hak untuk memberikan suaranya. Pasal 1 ayat 2 Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 menyatakan bahwa kedaulatan berada ditangan rakyat dan dilaksanakan menurut Undang-Undang Dasar, dalam pelaksanaannya maka diadakan Pemilu sebagai proses penyaluran aspirasi rakyat yang telah memiliki hak dimana seluruh warga negara memiliki hak yang sama untuk memilih dan dipilih menjadi pemimpin. Adapun tujuan penelitian ini adalah untuk memberikan pemahaman dan gambaran mengenai strategi Komisi Pemilihan Umum dalam peningkatkan peran perempuan pada Pemilihan Kepala Daerah di Kabupaten Pesawaran Tahun 2020. Penelitian ini menggunakan metode analisis data kualitatif yaitu mendeskripsikan serta menganalisis data dan sumber data yang diperoleh kemudian dijabarkan dalam bentuk penjelasan yang sebenarnya. Hasil penelitian menunjukkan bahwa strategi Komisi Pemilihan Umum (KPU) Kabupaten Pesawaran dalam meningkatkan peran perempuan pada pemilihan kepala daerah dilakukan dengan memaksimalkan kemampuan media elektronik dan media internet untuk bersosialisasi, meningkatkan kerjasama dari organisasi-organisasi terkait untuk bersosialisasi, dan Validasi Data Pemilih.

scholarly journals IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI TERKAIT PENGGUNAAN KTP DAN PASPOR DALAM PEMILIHAN PRESIDEN DAN WAKIL PRESIDEN DALAM KERANGKA MENJAMIN HAK MEMILIH DALAM PEMILU

2019 ◽  
Vol 3 (1) ◽  
Author(s):  
Bagus Anwar Hidayatulloh
Keyword(s):  
Vice President ◽  
General Election ◽  
Constitutional Court ◽  
General Elections ◽  
Right To Vote ◽  
The Law ◽  
The Republic ◽  
Identity Cards ◽  
The Right ◽  
Election Commission

Abstrak Implikasi putusan mahkamah konstitusi terkait penggunaan KTP dan paspor dalam pemilihan presiden dan wakil presiden dalam kerangka menjamin hak memilih dalam pemilihan umum. Terkait dengan ini maka memunculkan permasalahan terkait implikasinya. Bagaimana implikasi baik secara langsung maupun tidak langsung putusan Mahkamah Konstitusi terkait penggunaan KTP dan Paspor dalam pemilihan umum. Mahkamah Konstitusi sebagai lembaga pelaksana kekuasaan kehakiman yang salah satu kewenangannya adalah menguji Undang-Undang terhadap UUD Negara Republik Indonesia Tahun 1945 dalam rangka mewujudkan negara demokrasi yang berdasarkan hukum sebagaimana termaktub dalam Pasal 1 UUD Negara Republik Indonesia Tahun 1945. Hasilnya adalah implikasi langsung yang terdiri dari penerapan KTP dan Paspor sebagai ganti DPT, Memunculkan putusan yang bersifat self executing, mengesampingkan Peraturan Pemerintah Pengganti Undang-undang, mengesampingkan keputusan dan peraturan KPU terkait aturan baru akibat putusan MK dan Implikasi tidak langsung yang terdiri dari Mengurangi terjadinya perselisihan hasil Pemilihan Umum Presiden, KPU bekerja ekstra. Tujuan ke depan penelitian ini adalah untuk mengetahui dan memberikan sumbangsih dalam dunia akademik terutama terkait tentang penjaminan hak asasi manusia terutama hak memilih dalam pemilihan presiden dan wakil presiden. Penelitian ini menggunakan metode kajian peraturan perundang-undangan yang sesuai dengan metode ilmu hukum. Kata Kunci: Putusan Mahkamah Konstitusi, Pemilu, Kartu Tanda Penduduk Abstract The implications of the constitutional court's decision regarding the use of resident identity cards and passports in the election of president and vice president in the framework of guaranteeing the right to vote in general elections. Related to this, problems arise regarding their implications. What are the implications of either directly or indirectly the decision of the Constitutional Court regarding the use of Identity Cards and Passports in general elections. The Constitutional Court as the executing agency of judicial power whose authority is to examine the Law against the State Constitution of the Republic of Indonesia of 1945 in order to realize a democratic state based on law as stipulated in Article 1 of the Constitution of the Republic of Indonesia of 1945. The result is implications directly consisting of the application of Identity Cards and Passports in lieu of the Permanent Voters List, Raising decisions that are self-executing, overriding Government Regulations Substituting the Law, overriding the decisions and regulations of the General Election Commission regarding new rules due to the Constitutional Court ruling and indirect implications consisting of Reducing the disputes over the results of the Presidential General Election, the Election Commission works extra. The future goal of this research is to know and contribute in the academic world, especially related to guaranteeing human rights, especially the right to vote in the presidential and vice presidential elections. This study uses the method of reviewing legislation in accordance with the method of law. Keywords: Decision of the Constitutional Court, Election, Identity Card

scholarly journals PENGATURAN HUKUM CALON LEGISLATIF MANTAN NARAPIDANA

2020 ◽  
Vol 2 (1) ◽  
pp. 33
Author(s):  
Salim Fauzi Lubis ◽  
Ismail Ismail ◽  
Mina Mardiana
Keyword(s):  
Human Rights ◽  
The State ◽  
Constitutional Rights ◽  
Political Rights ◽  
Legal Research ◽  
The People ◽  
General Elections ◽  
The Republic ◽  
The Right ◽  
Election Commission

Election or local election is a way of channeling the rights of every principle community, which means that the right to vote and vote is contained in his constitutional rights as citizens. In article 28 letter D of the Republic of Indonesia Republic of 1945 which reads that "every citizen has the right to have the same opportunity in government". The sound contained in the article contains the understanding that the State guarantees each of its citizens to obtain the rights to sit in government either as People's Representatives, regents, Mayors, Governors, or even become a President. The method used in this study is normative juridical legal research which uses a statutory approach. The issue raised by the author is How the Human Rights Perspective of Legislative Candidates in Organizing Elections and How Comparative Legal Arrangements for Former Legislative Candidates Examined From Law Number 7 of 2017 Concerning General Elections With Regulation of the Election Commission Number 20 of 2018 Regarding Nominating Members Regional Representative Council, Provincial Regional Representative Council, Regency / City Representative Council. In terms of the implementation of elections need to be held honestly, fairly and democratically based on the spirit of Democracy that has been carried out so far so as to create leaders and representatives of the people who side with their people. Speaking of Human Rights, everyone has the same rights before the State and applies to former corruption convicts who have or have the same political rights as other citizens guaranteed by the constitution.

The Democratic Spirit

Daedalus ◽  
2013 ◽  
Vol 142 (2) ◽  
pp. 209-221 ◽  
Author(s):  
Kwame Anthony Appiah
Keyword(s):  
Social Psychology ◽  
Political Life ◽  
Contact Hypothesis ◽  
Political Outcomes ◽  
The Republic ◽  
The Right

There is a famous paradox about democracy: most forms of participation make no obvious difference to political outcomes and yet people act anyway. I argue that they are more likely to act politically if they have certain attitudes and commitments; and that productive attitudes of the right kind can be sustained by a culture in which two kinds of honor are central. One kind of honor is collective: it is the honor of nations, which is the concern of the patriot. Another is the honor of citizens, who are worthy of respect because they contribute to the practices that serve the republic. I suggest some practices we Americans might want to take up and honor for the sake of our own republic today, drawing attention to two discoveries in social psychology that could be productively brought to bear in our political life: namely, the Ben Franklin effect and the Contact Hypothesis.

scholarly journals The Implementation of Waqf to Actualize Economic Justice Based on Islamic Law

2020 ◽  
Vol 07 (01) ◽  
pp. 1-18
Author(s):  
Helza Lita
Keyword(s):  
Islamic Law ◽  
Economic Justice ◽  
Community Members ◽  
Economic Class ◽  
The People ◽  
The Holy Quran ◽  
The Republic ◽  
Economic Balance ◽  
Islamic Economic ◽  
The Right

Economic justice is one of the objectives of the implementation of Islamic economic system. Waqf is one of the instruments of Islamic economics. It is interesting to study the implementation of economic justice through waqf and how its regulation in Indonesia. This article employed normative juridical method. Based on the Article 22 of the Law Number 41 of 2004 on Waqf, the purpose of waqf is not solely for the purpose of ritual. It can also be used to realize economic prosperity. Based on these provisions, waqf can be managed for the economic empowerment of the people. This is related to the efforts of the improvement of the economic welfare of the people, especially for the weak economic class. According to Islamic teachings, distributive justice is economic justice based on the Holy Quran, Chapter al-Hasyr (59): 7. Waqf has the potential to create the economic balance of society. Because the principle of ownership, according to Islam, regulates that individuals or certain community members are not the only party who control the management of assets. The weak economic class also have the right. It is to avoid economic inequality. Thus, waqf is a solution to actualize economic justice in order to realize public welfare, which is one of Indonesia’s national goals as stated in the Preamble of the 1945 Constitution of the Republic of Indonesia.

scholarly journals Ustav, populizam i kraj liberalne demokracije - "referendumanija" ugrožava temelje ustavnog poretka

2019 ◽  
Vol 56 (4) ◽  
pp. 761-784
Author(s):  
Branko Smerdel
Keyword(s):  
Political System ◽  
The Political ◽  
Constitutional Democracy ◽  
Political Struggle ◽  
Checks And Balances ◽  
The People ◽  
Long Time ◽  
The Republic ◽  
Parliamentary Supremacy ◽  
Political Groups

Democracies are at risk to be strangled by the populist demagogues, posturing as the only and true leaders of 'the people', while disregarding constitutional "structure of liberty", meaning that, the parliamentary supremacy, judicial review and, above all, the constitutional limits to the very direct decision making by the voters' constituencies. Referenda are being used ever more, often to push certain decision, which could not pass the parliament. The claim is that there must not be any limits to the power of the people. That phenomenon the most esteemed liberal magazine "The Economist" nicknamed coining the word "referendumania", apparently combining 'a mania' with 'referenda'. It has been received with a lot of sympathy by the general public, in circumstances when the television and the Internet shows all the misery of the numerous assemblies, not only in a new but also in the mature democracies. After the referendum on the Brexit has been used as an instrument of the political struggle in the mother of parliaments, Great Britain, which lead to the ongoing "melting down" of the highly valued British political system, it seems that the worst of prophecies are realized by advancing populist forces in a number of Euroepan states. Republic of Croatia has been for a long time exposed to such treats, by the political groups extremely opposed to governmental policies, first by the Catholic conservatives and most recently by the trade unionists. Due to the very inadequate regulation of the referenda on civil initiatives, whereas the decision is to be made by a majority of those who vote, without any quorum being provided, the posibilites of manipulation are enormous. In the lasting confusion, a number of politicians has already proclaimed their intention, if elected the president of the Republic, to use such a referendum in order to remove all the checks and balances between the chief of state and "the people". Taking such treats very seriously in the existing crisis of democracy, the author emphasizes hi plead for an interparty agreement which would enable the referendum to be properly regulated and thus incorporated into the system of a democratic constitutional democracy.

Whom the Great Goddess Protects: Narratives and Practices of Neo-Traditionalism in Modern Religious Conceptions of South-Siberian Turks

2020 ◽  
Vol 12 (3-2) ◽  
pp. 376-391
Author(s):  
Elena Erokhina ◽  
Keyword(s):  
Collective Memory ◽  
Political Life ◽  
Traditional Religion ◽  
Protective Capacity ◽  
Great Goddess ◽  
The People ◽  
South Siberia ◽  
Public Consciousness ◽  
Sacred Object ◽  
The Republic

The article considers the evolution of the traditional religion of South Siberian Turks influenced by modernisation. The author solves the problem of identification the prerequisites of gender asymmetry displacement in favour of feminisation of the religious beliefs of Khakass and Altai peoples. Methodological basis of the research is a conception of socio-cultural neo-traditionalism. Sacralisation of notable sites and related monuments of historical and cultural heritage is considered as one of the ways to overcome the collective memory trauma caused by modernisation. In order to substantiate her position, the author refers to the cases illustrating the desire to spot the source of sacred power of an ethnic community in archaeological artefacts. In collective memory of Khakass and Altai peoples, this power is embodied in the symbols associated with female reproductive and protective capacity. The author shows the specifics of narratives and practices of neo-traditionalism among the Turks of South Siberia on the example of nation-wide cults that have developed around their worship of Khurtuyakh-Tas and Ak-Kydyn. Particular attention is paid to the connection between the sacred and the secular in the formation of ethno-confessional narrative around the idea of female deity as a patron and guardian of life force of the people. The empirical basis of the research is the results of sociological expeditions carried out by the author from 2003 to 2018 in the Republic of Altai and Republic of Khakassia. The author analyses the cases of conflicting and conflict-free imposition of two hypostases of the same monument: a museum archaeological artefact and a sacred object of religious worship. The article substantiates the thesis that with the introduction of scientific rationality into public consciousness the religious discourse takes a new breath, becomes an element of social and political life of the national republics of South Siberia. The article concludes that patriarchal basis of traditional culture is eroded and its vanished elements are replaced by symbols associated with feminine strength.

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