scholarly journals Changing the manner of electing the President of the Republic of Kosovo

2021 ◽  
Vol 23 ◽  
pp. 354-364
Author(s):  
Driola Susuri ◽  
Kadri Kryeziu

The Constitution of the Republic of Kosovo in its basic provisions has constituted the principle of separation and control of the balance between state powers as a fundamental principle of democracy, by designating representative bodies belonging to state powers such as Parliament, Government, and Judiciary. In addition, the Constitution sanctions other state bodies that have a constitutional character and together create the form of governance in the Republic of Kosovo. Among them also the President functions as a constitutional body exercising the executive duty and having ceremonial competencies. The President in Kosovo is a neutral authority because he/she is a representative of the people’s unity. The authorities in Kosovo create a "check and balance" among themselves for the normal functioning of the state. Kosovo is considered a parliamentary Republic, not sanctioned by the constitution but implied based on the decision of the Parliament of the Republic of Kosovo.In addition to electing the Government, the Parliament also elects the President of the Republic, so in this study, we will address the function of the President, the exercise of his duties, his competencies, and his relationship with other state bodies. We will also analyze the system of governance and the principle of separation and balance of powers, with special emphasis on the constitutional position of the President in the Republic of Kosovo. Among other things, we will address in particular the complexity of the procedures for the election of the President of the Republic of Kosovo. Considering the ongoing problems that have accompanied the presidential elections in the Republic of Kosovo and that continue to be so, it is necessary to clarify whether “the constitutional reform initiative for the President of the Republic of Kosovo to be voted by the people is considered the most current and best way of overcoming the present parliamentary stalemate in the election of the candidate for the President of the Republic, as well as whether the implementation of this reform is conditioned by the will of the political parties and the people”. In general, from the stated scientific elaboration of the topic, we can conclude that the intention of this paper consists in determining the constitutional regulation of the institution of the President of the Republic of Kosovo applied in the parliamentary system, empirical elaboration of problems that accompanied the election of presidents in the Republic of Kosovo as well as the immediate need to change the manner of electing the President of the Republic of Kosovo.

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


2018 ◽  
Vol 10 (2) ◽  
pp. 79-90
Author(s):  
Fuad Putra Perdana Ginting ◽  
Anwar Saragih

This study raises a discussion about the Illusion of Substantial Democracy in Indonesia: A Criticism of the Implementation of Theshold's Parliamentary. Since the 2009 general election. Indonesia has begun to introduce a parliamentary threshold system (Parliamentary Theshold) which sets a 2.5% threshold. Then in the next election, the 2014 election rose to 3.5% in the spirit of simplifying the number of parties in parliament. However, in fact this did not happen. Because, the number of political parties resulting from the 2009 elections which were 9 parties actually increased to 10 parties in the 2014 election. There were other problems in the electoral system using Theshold Parliamentary. As in the 2009 elections there were 29 political parties whose voices were lost due to this system, then in the 2014 elections there were 2 political parties who also lost votes due to the threshold system. Of course, as a democracy the people must know where the voice is. Is the system of implementing the Theshold Parliamentary system in the Indonesian elections in line with the essence of substantial democracy? The results of this study indicate the parliamentary threshold system has an impact on the loss of the voice of small parties, transactional presidential elections and the parliamentary threshold limiting democratic rights. Indonesia needs an electoral system that is honest, free, high-quality, transparent and represents the wishes of the majority of Indonesia's ractates


2020 ◽  
Vol 07 (01) ◽  
pp. 19-42
Author(s):  
Muhammad Jamaluddin

The amendments to the 1945 Constitution allegedly are not in line with the expectations of a democratic constitution. In fact, the role of the people in four amendments to the 1945 Constitution was very limited. The people who were involved in the amendment processes represented limited number of groups. Incidentally, only people with important and dominant powers were involved. The people were also not involved from the beginning of the amendment processes. Therefore, the role of the people in the amendments had not been carried out optimally. The results of the study show that the role of the people directly and actively in the amendment could increase transparency and public trust towards the government. The people are expected to be more responsive, accommodating, aspirational, and participatory to give rise to a match between the will of the people and the wishes of the government in the realization of the ideals of the Indonesian nation. The direct and active role of the people can be realized through conventional media, print media, and electronic media in a structured and systematic manner. It is expected that the people’s role will be able to strengthen the Indonesian constitutional system and economic, political, social, and cultural stability, as well as the defense and security of the Republic of Indonesia. In addition, the direct involvement of the people is expected to be in line with the optimization of the role of the Constitutional Court as the ‘guardian of the constitution’ to maintain the purity of the 1945 Constitution.


1928 ◽  
Vol 22 (2) ◽  
pp. 270-291 ◽  
Author(s):  
Edgar Turlington

According to the theory accepted by the American and English courts, and by nearly all the American and English writers on international law, war between nations is war between their individual citizens. It makes of the citizens or subjects of one belligerent, enemies of the citizens or subjects of the other. The whole nation is embarked in one common bottom and must be reconciled to submit to one common fate. The government at war is the representative of the will of all the people and acts for the whole society. According to the rival theory, which, though first put forward by Rousseau merely as a philosophical principle, has been accepted by a large number of Continental jurists as a fundamental principle of international law, war is a relation between states in which individuals are enemies only accidentally, not as men nor even as citizens, but simply as soldiers. Under the Anglo-American theory, the private property of the nationals of each belligerent, on land or sea, is in principle subject to capture and confiscation by the other belligerent.


2021 ◽  
Vol 9 (1) ◽  
pp. 1-9
Author(s):  
Hendra Sukmana

The number of positive COVID-19 patients in the Sidoarjo area continues to increase. As of April 19, 2020, there were 11,028 positive COVID-19 patients, 6,068 suspect patients, 617 patients who were declared dead due to Covid-19 and 10,398 people declared cured of Covid-19. This study was conducted to identify and describe the implementation of policies in the form of the Decree of the Minister of Health of the Republic of Indonesia Number HK. 01.07/Menkes/382/2020 concerning Protocols for Public Health in Public Places and Facilities in the Context of Prevention and Control of Corona Virus Disease 2019 (Covid-19) in the Sidoarjo area. Data analysis was carried out by Miles and Huberman interactive analysis. The results showed that the implementation of the Decree of the Minister of Health of the Republic of Indonesia Number HK. 01.07/Menkes/382/2020 concerning Protocols for Public Health in Public Places and Facilities in the Context of Prevention and Control of Corona Virus Disease 2019 (Covid-19) in the Sidoarjo region can be seen from four things. First, communication, where policy communication is carried out through socialization and education related to 3M (wearing masks, maintaining distance and washing hands) to the people of Sidoarjo. However, in practice, socialization and education related to 3M (wearing masks, maintaining distance and washing hands) are considered insufficient to overcome the Covid-19 pandemic. Need to add 2M (limit mobility and stay away from crowds) so that it becomes 5M. This is because mobility and crowd problems are felt to have contributed to causing many Covid-19 virus infections. Second, resources, where the task of fixing the level of compliance with health protocols actually requires the help of many parties. Not only from themselves, the media is also tasked with providing a sense of security and positive messages to the community. Likewise, the government should also not instill too much fear, but rather recommendations that arouse the desire to comply with health protocols.


2018 ◽  
Vol 64 (4) ◽  
pp. 686-702
Author(s):  
Yudhishthira Sapru ◽  
R.K. Sapru

In the current phase of liberalisation, privatisation and globalisation, and now broadly governance, regulatory administration has acquired growing importance as an instrument of achieving socio-economic objectives. It is through instrumentality of regulatory administration that the government is able to exercise effective political and economic sovereignty and control over the country’s governance process and resources. Governments of nearly all developing countries have initiated policies and procedures to promote and strengthen regulatory bodies and agencies. However, the results of these promotional and regular activities have varied considerably, often reflecting large inadequacies in policies, organisational structures and procedures. Increasing emphasis is now being placed at the national level on a more flexible regulatory administration to enforce compliance with nationally established policies and requirements in various political, economic and social spheres. As a watchdog for the public interest, governments both at central and state levels should engage in activities for the promotion of social and economic justice, so as to ensure the happiness and prosperity of the people.


2020 ◽  
Vol 8 (1) ◽  
pp. 1-9
Author(s):  
Suparnyo Suparnyo

The election of regional leaders conducted directly by the community is believed to result in a democratic government. The formed government is expected to be more open, more responsive, and to carry out the aspirations of the people so that it can realize a government that comes from the people, by the people, and for the people. A person can nominate him/herself as a candidate for Regent or Deputy Regent if supported by some residents, by Political Parties or Combined Political Parties. The relatively weak support of the population or political parties or combined political parties has resulted in very few candidates for regent or deputy regent, even only one pair of candidates can occur as in Pati Regency. The study aims to know how the policy in the future (Prospective Model) should be taken so that the single-candidate for Regent or Deputy Regent in a general election does not happen. By using a sociological juridical approach, collecting primary and secondary data, processing and analyzing data, the objective of the study can be reached.The policy that needs to be taken by the government so that in the future there will be no single candidate is by giving obligations to political parties to conduct cadre recruitment to become candidates for regional leaders. Besides, the General Election Commission needs to make a scheme that is easier and more flexible for individual candidates regarding administrative requirements, procedures, and mechanisms for gathering support, and there needs to be a new policy so that the potential for a single-candidate can be eliminated or not occur.


2017 ◽  
Vol 6 (1) ◽  
Author(s):  
Lukman Thaib

Malaysia is a country that since its independence has endeavored to practice democratic governance. In line with this, it seeks to ensure that the Malaysian government is representative of the will of the people. To achieve this, there must be in place numerous mechanisms to ensure accountability and transparency while also ensuring that it has an ‘ear to the ground’ so to speak. Dato’ Sri Mohd Najib believed that transformational leadership posts the leader in the role of mentor whereby he able to designate responsibilities to his followers as a means to achieve self-actualization which is a positive means of promoting team-building efforts. To achieve the goals shared between him as a country’s leader and Malaysian peoples as his followers, he believed that inspirational motivation is needed, as it provides meaning to achieving this shared vision on ‘ how to make Malaysia as a high-Income Nation by 2020’?. PM Mohd Najib has been successful in articulating a compelling vision of the Malaysia’s future and tied a high-income nation’s vision to Malaysians citizen values, and ultimately he is capable of being a ‘transformational leader’. It is to this end that this paper is committed, namely to analyzing the important role played by PM Mohd Najib towards outlining a clear vision of national development and whether this is in line with the objective of maqasid shar’iyyah. For this, PM. Mohd Najib appears to have opted to pursue ‘The Government Transformation Programme (GTP)’ to address seven key areas concerning Malaysia’s interest in realizing Malaysia’s vision to become a high-income nation by 2020. =========================================== Malaysia adalah negara yang sejak kemerdekaannya telah berupaya untuk melaksanakan tata kelola pemerintahan yang demokratis. Sejalan dengan ini, ada usaha untuk memastikan bahwa pemerintah Malaysia merupakan perwakilan dari kehendak rakyat. Untuk mencapai hal ini, harus terdapat banyak mekanisme untuk menjamin akuntabilitas dan transparansi sekaligus juga memastikan bahwa ia memiliki 'telinga ke tanah'. Dato’ Sri Mohd Najib yakin bahwa kepemimpinan transformasional mengganggap pemimpin sebagai mentor yang mampu menunjuk tanggung jawab kepada anggotanya sebagai sarana untuk mencapai aktualisasi diri yang merupakan sarana positif dalam mempromosikan upaya pembangunan tim. Untuk mencapai tujuan bersama antara Dato’ Sri Mohd Najib sebagai pemimpin negara dengan bangsa Malaysia sebagai pengikutnya, ia percaya bahwa motivasi inspirasional diperlukan sebagai makna untuk mencapai visi bersama tentang 'bagaimana membuat Malaysia sebagai negara berpenghasilan tinggi pada tahun 2020’? PM Mohd Najib telah berhasil dalam mengartikulasikan visi yang menarik dari masa depan Malaysia, dan berhasil mengikat visi pendapatan nasional yang tinggi untuk kepentingan warga Malaysia, dan akhirnya ia mampu menjadi 'pemimpin transformasional'. Ini adalah tujuan penulisan jurnal, yaitu untuk menganalisis peran penting yang dimainkan oleh PM Mohd Najib terhadap penguraikan visi yang jelas dari pembangunan nasional dan apakah ini sejalan dengan tujuan shar'iyyah maqasid. Untuk itu, PM Mohd Najib tampaknya telah memilih untuk mengejar 'Program Transformasi Pemerintah Program ' untuk menyelesaikan tujuh bidang utama mengenai kepentingan Malaysia dalam mewujudkan visi Malaysia untuk menjadi bangsa yang berpenghasilan tinggi pada tahun 2020.


2018 ◽  
Vol 3 (2) ◽  
pp. 184
Author(s):  
Muhammad Hidayansyah ◽  
Trisakti Handayani ◽  
M Syahri

ABSTRAKPemilihan umum presiden dan wakil presiden merupakan acara lima tahun sekali yang dilaksanakan di Indonesia, kegiatan ini sebagai wahana menyalurkan segala aspirasi masyarakat terutama dalam mempengaruhi keputusan politik, dan Penelitian ini bertujuan untuk mengetahui peran dan partisipasi masyarakat Kota Malang dalam pemilihan presiden dan wakil presiden tahun 2014 di Kota Malang, selain itu untuk mengetahui peran KPU Kota Malang dalam pemilihan umum presiden dan wakil presiden 2014, dan untuk menjelaskan faktor pendukung dan penghambat partisipasi masyarakat dalam pemilihan presiden dan wakil presiden 2014.Penelitian ini menggunakan Model penelitian deskriptif, yaitu suatu model penelitian dengan mencatat, mendeskripsikan dan menginterpratasikan peran KPU dalam meningkatkan partisipasi politik masyarakat dalam pemilihan umum prseiden dan wakil presiden 2014 di Kota Malang, dan penelitian ini menggunakan tiga teknik pengumpulan data yaitu wawancara, dokumentasi dan observasi. Berdasarkan hasil penelitian, diperoleh hasil bahwa peran KPU dalam meningkatkan partisipasi politik masyarakat dalam pemilihn umum presiden dan wakil presiden 2014 di Kota Malang sangat besar. Artinya ini sesuai dengan realita dan fakta yang terjadi di lapangan, bahwa tahun 2014 partisipasi masyarakat Kota Malang sangat meningkat. Hal ini didukung oleh hasil wawancara dan observasi kepada pememrintahan Kota Malang, Partai Politik dan Masyarakat Kota Malang, selain itu hal yang paling mendukung adalah hasil perthitungan suara di Kota Malang, menunjukan sebanyak 70% masyarakat Kota Malang ikut berpartisipasi dalam pemilihan umum presiden dan wakil presiden 2014 di Kota Malang.Kata Kunci : Peran KPU, Partisipasi Masyarakat.ABSTRACTGeneral election for president and vice president is an event held every five years in Indonesia. This is a program which is used for channeling the aspirations of all communities, especially in influencing political decisions. This study aims to determine the role and participation of Malang communities in the presidential and vice presidential elections 2014. Besides, this study also aims to determine the role of General Elections Commission (KPU) of Malang in general election of president and vice president in 2014, and to explain the enabling and inhibiting factors of communities’ participation in the election of president and vice president in 2014. The approach used in this study is descriptive study, which is a study model by noting, describing and interpreting the role of KPU in increasing the communities’ political participation in the elections of president and vice president 2014 in Malang. This study uses three methods in collecting the data. They are interview, documentation, and observation. Based on the result of the study, it can be concluded that the General Elections Commission has a big role in increasing communities’ political participation in the elections of president and vice president 2014 in Malang. This means that it corresponds to the reality and the facts which occurred, that in 2014 the participation of Malang communities greatly increased. This is supported by the results of the interviews and observations to the government of Malang, Political Parties in Malang and also Malang communities. Besides, the most favorable case is the result of vote counting in Malang which shows as much as 70% of people in Malang participated in the elections for president and vice president 2014 in Malang.Key words: Role of the General Elections Commissions, Communities Participations


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