scholarly journals Evaluation and Strategy: Strengthening Indonesia Council of Representatives of the Regions

2021 ◽  
Vol 10 ◽  
pp. 1515-1522
Author(s):  
Dwi Putri Melati ◽  
◽  
Nikmah Rosida ◽  
Heni Siswanto
Keyword(s):  
Political Parties ◽  
Fundamental Problem ◽  
Political Representation ◽  
Constitutional Court ◽  
Regional Society ◽  
Checks And Balances ◽  
Regional Autonomy ◽  
Legislative Branch ◽  
Regional Interests ◽  
Central Level

The Council of Representatives of the Regions emerged through the 1945 Constitution third amendment. The Council of Representatives of the Regions intended to represent regional interests and regional society in the central legislation making processes and products, to perform checks and balances principle on The People’s Representative Council which is a political representation that brings and struggles the aspirations and interests of political parties at the central level. The Council of Representatives of the Regions also acts as a guardian of decentralization and regional autonomy. The most fundamental problem for The Council of Representatives of the Regions is its institutional weaknesses. In legislation weaknesses terms, budgeting, and supervision have affected The Council of Representatives of the Regions in maximizing its performances. The Law regarding Indonesia Legislative Branch does not mandate legislation as The Council of Representatives of the Regions tasks. This provision can not be used as a guideline to describe the scope of duties, which are the limits of their authority in The Council of Representatives of the Regions order. On the other hand, after the Constitutional Court Decision Number 92/PUU-X/2012 and Number 79/PUU-XII/2014 issued, the relations that were later present were the three-party discussion model of The People’s Representative Council-The Council of Representatives of the Regions-President (Tripartite). Based on those facts, this article focuses on the evaluation of 15 years of The Council of Representatives of the Regions establishment and strategy to strengthen it.

scholarly journals Kewenangan Legislasi Dewan Perwakilan Daerah dalam Reformasi Kelembagaan Perwakilan Pasca Putusan Mahkamah Konstitusi

2015 ◽  
Vol 3 (1) ◽  
Author(s):  
Khamami Zada
Keyword(s):  
Political Representation ◽  
Institutional Reform ◽  
Legislative Process ◽  
Constitutional Court ◽  
Regional Autonomy ◽  
Legislative Authority ◽  
The People ◽  
Check System ◽  
Theoretical Conception

Abstract: The authority of the Regional Representatives Council Legislation In Institutional Reform Legislative Following the Ruling of the Constitutional Court. The Constitutional Court's decision reflects the theoretical conception DPDformation which is intended to reform the structure of the Indonesian parliament into two chambers (bicameral) consisting of DPR and DPD. With the bicameral structure of the legislative process is expected to be held by a double-check system that allows the representation of the interests of all the people in relative terms can be dispensed with broader social base. Parliament is a reflection of political representation, while the Council reflects the principle of territorial or regional representation. DPD legislative authority is still limited. DPD does not have the authority to establish laws, although it can propose draft laws relating to regional autonomy.  Abstrak: Putusan Mahkamah Konstitusi mencerminkan konsepsi teoritis pembentukan DPD yang dimaksudkan dalam rangka mereformasi struktur parlemen Indonesia menjadi dua kamar (bikameral) yang terdiri atas DPR dan DPD. Dengan struktur bikameral ini diharapkan proses legislasi dapat diselenggarakan berdasarkan sistem double-check yang memungkinkan representasi kepentingan seluruh rakyat secara relatif dapat disalurkan dengan basis sosial yang lebih luas. DPR merupakan cermin representasi politik (political representation), sedangkan DPD mencerminkan prinsip representasi teritorial atau regional (regional representation). Kewenangan legislasi DPD masih dibatasi DPD tidak memiliki kewenangan membentuk undang-undang dalam bentuk penetapan/pengesahan rancangan undang-undang, meskipun rancangan undang-undang yang berkaitan dengan otonomi daerah, hubungan pusat dan daerah, pembentukan dan pemekaran serta penggabungan daerah, pengelolaan sumber daya alam dan sumber daya ekonomi lainnya, serta yang berkaitan dengan perimbangan keuangan pusat dan daerah.   DOI: 10.15408/jch.v2i1.1839

Parliamentarism and the Legislative Branch

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Legislative Branch ◽  
Effective Decision ◽  
The Law ◽  
Internal Operations ◽  
Effective Decision Making ◽  
The Relationship ◽  
Law Making

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.

History, Politics, and the Constitution: Ethnic Conflict and Constitutional Adjudication in Postcommunist Bulgaria

Slavic Review ◽  
2004 ◽  
Vol 63 (1) ◽  
pp. 66-89 ◽  
Author(s):  
Venelin I. Ganev
Keyword(s):  
Political Parties ◽  
Transitional Justice ◽  
Political Party ◽  
Historical Memory ◽  
Political Order ◽  
Democratic Politics ◽  
Socialist Party ◽  
The Political ◽  
Constitutional Court ◽  
Constitutional Adjudication

Infamously, the 1991 Bulgarian Constitution contains a provision banning political parties “formed on an ethnic basis.” In the early 1990s, the neo-communist Bulgarian Socialist Party invoked this provision when it asked the country's Constitutional Court to declare unconstitutional the political party of the beleaguered Turkish minority. In this article, Venelin I. Ganev analyzes the conflicting arguments presented in the course of the constitutional trial that ensued and shows how the justices’ anxieties about the possible effects of politicized ethnicity were interwoven into broader debates about the scope of the constitutional normative shift that marked the end of the communist era, about the relevance of historical memory to constitutional reasoning, and about the nature of democratic politics in a multiethnic society. Ganev also argues that the constitutional interpretation articulated by the Court has become an essential component of Bulgaria's emerging political order. More broadly, he illuminates the complexity of some of the major issues that frame the study of ethnopolitics in postcommunist eastern Europe: the varied dimensions of the “politics of remembrance“; the ambiguities of transitional justice; the dilemmas inherent in the construction of a rights-centered legality; and the challenges involved in establishing a forward-looking, pluralist system of governance.

Legal restrictions on the right of association in political parties and their interpretation in court decisions: comparative legal analysis

2021 ◽  
Vol 30 (2) ◽  
pp. 149-179
Author(s):  
Andrey Vershinin
Keyword(s):  
Law Enforcement ◽  
Political Parties ◽  
Russian Federation ◽  
Party System ◽  
Large Scale ◽  
Political Competition ◽  
Constitutional Court ◽  
Freedom Of Association ◽  
The Russian Federation ◽  
The Creation

The article examines the issue of exercising the freedom of association in political parties in Russia in a comparative analysis with the leading democratic countries of the world. Modern democracies cannot be imagined without political parties, which are the representors of the interests of their voters in legislative bodies and local government bodies. The development of civil society and the entire political system in the country depends on how the freedom of association in political parties and the access of parties to participate in elections is realized. The development of legislation on political parties in the Russian Federation proceeded unevenly. In the first years after the adoption of the Constitution the legislative body did not introduce strict requirements for parties. The adoption of a special federal law on political parties in 2001 became a turning point in the development of the party system. The author identifies two large blocks of restrictions on the creation of parties. The first is legislative restrictions, the second is the restrictions that arise from the unfair activities of legislative and law enforcement agencies. In this work, legislative restrictions are compared with restrictions in other democracies, as well as based on legal positions developed by the European Court of Human Rights. The author comes to the opinion that some restrictions on the creation of parties are not necessary now, in the meantime they significantly narrow the possibilities of party creation and political competition. First, we are talking about a ban on the creation of regional parties. The Constitutional Court in its legal positions indicated that this restriction is temporary and will be lifted over time. Within the framework of this work, the author will give suggestions on changing the approach to the creation of political parties in Russia, which should affect the emergence of new strong parties at different levels of public authority. The author believes that a system of “controlled multiparty system” has developed in Russia, which is implemented both in changing the legislation on political parties based on the interests of the “party in power” and the practice of the registration body, which prevents the formation of new parties claiming to redistribute the existing distribution of forces. Based on the analysis of the legislation on political parties, law enforcement practice, decisions of the Constitutional Court of the Russian Federation, the ECHR and the legislation of foreign countries, the author proposes approaches to reforming the existing party system, which include small cosmetic changes and large-scale changes in approaches to the creation of parties.

POLITICAL PARTIES IN THE RUSSIAN REGIONAL POLITICAL PROCESS

2021 ◽  
Vol 27 (5) ◽  
pp. 63-67
Author(s):  
T. Beydina ◽  
◽  
N. Zimina ◽  
A. Novikova ◽  
◽  
...  
Keyword(s):  
Political Parties ◽  
Political Institutions ◽  
Political Party ◽  
Political Process ◽  
The Political ◽  
Regional Government ◽  
Personal Factors ◽  
Political Situation ◽  
Factors Associated ◽  
Regional Interests

Political parties today are important elements of the regional political process. Parties, along with other political institutions, participate in the implementation of state policy within the region. The practice of recent years shows a negative trend in the creation of political parties, but those parties that are already registered and are actively fighting for political power at all stages of the Russian elections. Political parties participate in the regional political process to embrace the advantages of the political party space. These advantages are due to both objective factors (territorial potential, the economy of the region) and subjective reasons (personal factors associated with the rating of the leader, both the governor and the party coordinator, the nature of his acquaintance with the central financial department, and more). The study of the organization of power in the regions allows us to talk about its various modifications due to these factors. Political parties are a political institution, they represent an ideological, conceptual, personnel and electoral resource of any government. Regional branches of political parties in today’s political situation fully personify the needs of the regions and represent them at elections. They reflect regional interests, as well as the degree of democracy of the regional government

scholarly journals Resultan Politik dan Putusan Mahkamah Konstitusi Nomor 14/PUU-XI/2013 dalam Politik Hukum Pemilu

2018 ◽  
Vol 15 (2) ◽  
pp. 327
Author(s):  
Sholehudin Zuhri
Keyword(s):  
Political Parties ◽  
The Political ◽  
Constitutional Court ◽  
New Paradigm ◽  
Political Interests ◽  
Election System ◽  
The Law ◽  
Democratic Election ◽  
Political Configuration ◽  
Political Decisions

Dalam perkembangan politik hukum kontemporer, keputusan politik dalam pembentukan regulasi sering dihadapkan pada dua persoalan sekaligus yang saling berhadapan. Konfigurasi politik dalam pembentukan Undang-Undang Nomor 7 Tahun 2017, partai politik di parlemen tidak hanya merepresentasikan kepentingan politiknya, tetapi juga dihadapkan pada keharusan mengakomodir putusan Mahkamah Konstitusi Nomor 14/PUU-XI/2013 sebagai koreksi keputusan politik yang otoriter. Penelitian ini adalah penelitian yuridis normatif dengan metode kualitatif, studi ini menitikberatkan pada pemahaman komprehensif yang meliputi interaksi politik dan hukum dalam terciptanya konfigurasi politik hukum pemilu. Hasil studi ini dapat menjelaskan kepatuhan partai politik terhadap hukum dalam menciptakan konfigurasi politik di parlemen, namun di sisi lainnya lemahnya partai politik dalam membangun koalisi dalam mewujudkan sistem pemilu demokratis justru menjadikan keputusan politik yang dipilih menjadi otoriter dalam pelaksana teknisnya. Kehadiran hukum dalam perkembangan konfigurasi politik kontemporer, dapat menjadi paradigma baru dalam terciptanya konfigurasi politik demokratis yang pada akhirnya terbentuknya hukum pemilu yang demokratis.In the development of contemporary political laws, political decisions in regulatory formation are often confronted with two issues at once facing each other. The political configuration in the Law No. 7 year 2017, political parties in parliament not only represent political interests but also face the necessity to accommodate the decision of the Constitutional Court Number 14/ PUU-XI/2013 as a correction of authoritarian political decisions. This research is normative juridical research with qualitative method. The results of this study can explain the compliance of political parties to the law in creating the political configuration in parliament. Yet on the other hand, the weakness of political parties in building coalitions in realizing the democratic election system makes the selected political decision become authoritarian in its technical execution. The presence of law in the development of contemporary political configuration can be a new paradigm in creating democratic political configuration which ultimately the formation of democratic law of elections.

scholarly journals Mekanisme Pembubaran Partai Politik di Indonesia

2020 ◽  
Vol 1 (1) ◽  
pp. 239-242
Author(s):  
Ramot H.P Limbong ◽  
I Gusti Bagus Suryawan ◽  
I Nyoman Sutama
Keyword(s):  
Political Parties ◽  
Criminal Liability ◽  
Primary Source ◽  
Legal Issues ◽  
Constitutional Court ◽  
Legal Research ◽  
Legal Entity ◽  
Preliminary Examination ◽  
The Status ◽  
Legal Arguments

Political parties as legal entities may be subject to criminal liability as they are seen from the characteristic of political parties in accordance with the characteristics of the legal entity. The dissolution of political parties becomes one of the legal issues governed by Indonesian legislation. The problem of this research is: 1) how is the Constitutional Court Authority in the dissolution of political parties in Indonesia? 2) How is the mechanism of dissolution of political parties? The type of research and approach problems used is normative legal research and statutory approaches. The source of the legal material used is the primary source of legal material and the source of secondary legal material. The technique of collecting legal materials is the technique of library study. The collected legal materials are processed and analyzed using legal arguments. The result of this research is the procedure of the dissolution of political parties in the Constitutional Court as follows: Application submission, application registration and trial schedule, preliminary examination, trial examination, meeting Judge, the verdict of the Constitutional Court. The result of the dissolution of political parties may result in external rights and obligations, due to elected positions, due to the status of managers and members and the consequences of internal rights and obligations.

scholarly journals Politicians and political parties’ use of social media in-between elections

2020 ◽  
Vol 9 (2) ◽  
pp. 91-103 ◽  
Author(s):  
Todd Graham ◽  
Julia Schwanholz
Keyword(s):  
Social Media ◽  
Political Parties ◽  
Political Representation ◽  
Relevant Literature ◽  
Digital Transformation ◽  
Special Issue ◽  
Pros And Cons ◽  
State Of Research ◽  
Use Of Social Media ◽  
The Relationship

Digital transformation changes the relationship between citizens and politics. The observation of this nexus is highly relevant for representative democracy. After the successful 2008 Obama campaign, a vast body of research that explores how and why politicians use social media has emerged. However, we still know very little about how social media are being adopted and used in-between elections, and still less yet about what this means for political representation. Therefore, this special issue brings together innovative research that focuses on how the use of social media is impacting upon the relationship between politicians and political parties, and citizens. First, we discuss some pros and cons of this transformation in the context of the relevant literature and, especially, in relation to Stephen Coleman’s concept of ‘direct representation’. Finally, we discuss the findings and merits of the contributions and what the issue adds to our understanding of the phenomenon to the state of research.

scholarly journals Channels of Electoral Representation in Advanced Industrialized Democracies

2013 ◽  
Author(s):  
Marcus Kreuzer
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Social Control ◽  
Social Order ◽  
Direct Democracy ◽  
Electoral Systems ◽  
Control Function ◽  
Political Representation ◽  
Complex Relationship ◽  
Wide Range

Electoral systems and political parties not only are at the core of a wide range of representational mechanisms (others being lobbying, direct democracy, corporatism) used in modern democracies to project societal interests into the formal, legislative decision-making process, but also they vary greatly in their respective make-ups. Political parties differ in their internal decision making, membership size, funding, links with interest groups, and ideology. Electoral systems, in turn, are differentiated into systems of proportional representation (PR), single-member district (SMD), or first-past-the-post electoral systems (FPTP). Despite all these differences, parties and electoral systems are the two primary mechanisms for aggregating and then translating the preferences of private individual citizens. They also are the oldest, most widely studied, and arguably the most democratic channel of political representation. Parties and electoral systems certainly are important, but they are still only intermediary mechanisms that interact in complex ways with other factors, such as actors’ preferences, resources, other representational mechanisms, and the larger constitutional context. This complex interaction makes it intriguing to study how they affect political representation and explains why they are studied from so many different angles, methodologies, and theoretical perspectives. The following bibliographic suggestions are intended to reflect this diversity in the literature. The literature points out that parties and electoral systems function not just as mechanisms of political expression, through which voter preferences are bundled, articulated, and electorally weighted, but also as mechanisms of social control. The social control function becomes apparent in the ability of parties and electoral systems to contain the risks of overly expressive and potentially anarchic forms of direct and, hence, unorganized participation (i.e., protest, extremism, violence) as well as their potential to integrate individual citizens into the political order by creating political identities crucial for social order. Thus, parties and electoral systems have an as yet little understood but also fascinatingly complex relationship to popular sovereignty because they are indispensable for it while at the same time they give politicians the ability to mute and manipulate that sovereignty. In large part, the literature on parties and electoral systems tries to untangle this complex relationship by studying how their cross-national and historical variations influence the extent to which they have facilitated or distorted political representation.

scholarly journals GENDER BALANCE IN POLITICS: THE ITALIAN CONSTITUTIONAL COURT’S JUDGMENT Nº 4 OF 2010

2020 ◽  
Vol 5 (9) ◽  
pp. 12-17
Author(s):  
Athena De Albuquerque Farias
Keyword(s):  
Political Representation ◽  
Specific Reference ◽  
Constitutional Court ◽  
Women In Politics ◽  
Representation Of Women ◽  
Gender Balance ◽  
The Law ◽  
Italian Constitution

The aim of this study is to briefly analyse the under-representation of women in politics with a specific reference to Italy in the light of the Italian Constitutional Court Judgment nº 4 of 2010. Therefore, some concepts are of major importance to better understand the framework. in order to achieve gender balance on the basis of political representation in practice, parity must be enforced, and it may occur either for the parties themselves or by the law. Keywords: Woman in politics. Italian Constitution. Gender Balance.

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