Election Design Following Constitutional Court Decision Number 14/PUU-XI/2013 (original) (raw)
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2017
The general election is a manifestation and it is closely related. The reason, the election is considered to be giving birth to a representation of people’s aspirations which of course is closely related to the legitimacy for the government. Direct election as a manifestation of the former referendum mechanism, it is possible to metamorphose into elections through representative institutions. However, this transition cannot be done immediately, there should be ordering of representative institutions from the recruitment system to the election of legislative candidates to be elected. In addition, transparency and accountability must be conducted in the transition of this mechanism. In the context of current Indonesian state administration practice, a strong government is a government that has a high degree of legitimacy. The legitimacy is gained because of its success in realizing it in society so that people respect and believe it. If the regional head is elected by those who do not...
Journal of Law Policy and Globalization, 2014
The settlement regulation of administrative violation by the implementers in the implementation of lagislative election (DPR, DPD, and DPRD) raised legal issues. One of them was due to the vacancy of legal norms (vacuum of norm) of legal remedies in the settlement of administrative violations of the implementers in the elections implementation. The absence of law regulation is necessary reconstruction of the law in order to provide an opportunity to the parties to be able to take legal remedies in the settlement of administrative violations committed by the implementers in the implementation of elections. This study is a normative legal, legislation approaches, concepts, and history. Legal materials include primary legal materials and secondary legal materials, while the analysis using prescriptive analisys. The results showed first, the maker of the election law had not yet realized the importance of the settlement regulation of administrative violations committed by the election implementers. Settlement of administrative violation and administrative sanctions that are reparation / reparatoir and correction lenggar actions are expected to protect and assure the rights of voters and legislative candidates / elections participants. Secondly, there should be legal reconstruction of the settlement mechanism of administration violation of election in two ways, first, allowing the law to be able to take legal remedies to the voters and election participants, second, devolving the authority of settlement of administrative violations of election from KPU to Bawaslu. Decision of the administrative effort to Bawaslu could be filed a lawsuit in court of TUN and court of TUN decisions can be appealed to PTTUN which are final and binding. To support this alternative it is necessary to arrange a special law to adjust to the schedule of events, stages and Elections program. Second, establish a special ad hoc judicial for elections to deal with violations and dispute of elections implementation process. The formation of judicial is accompanied by law-making special event handling election violations which adopts the principles of a settlement of election violations that is fair and fast, accountable and integrated. The existence of a special court from the aspects of effectiveness and efficiency of handling violations case is important to oversee elections. Moreover, legislative and Presidential elections in 2019 carried out simultaneously.
Proceeding of the 7th Conference of Asian Constitutional Judges on General Election Law (Editor)
It is a complete proceeding of the 7th Conference of Asian Constitutional Court Judges on General Election Law held by the Indonesian Constitutional Court in Jakarta, on 12-15 July 2010. This proceeding is a very valuable resources for anyone who is interested with comparative constitutional laws, particularly on constitutional courts or other equivalent institutions in dealing with general elections. I contributed as an editor in the proceeding.
Sign Jurnal Hukum, 2023
This study aims to describe the position of the Selection Team at the State Administrative Court, as well as analyze dispute resolution procedures within the scope of the General Election Commission administration. This study uses a normative juridical method. The collected legal material is analyzed using qualitative data analysis methods with a statute approach to describe the problem and answer study purposes. The results show that the position of the Selection Team is a witness in the process of dispute resolution at the State Administrative Court. Furthermore, the detrimental parties may submit an objection and appeal effort. In this case, administrative dispute resolution has been regulated in General Election Commission Regulation No. 3 of 2021. On the other hand, Judges will only adjudicate cases and resolve disputes at the State Administrative Court after the plaintiff has undergone administrative efforts. Therefore, it is recommended for the Judge to reject lawsuits from the plaintiffs if the lawsuit positions the Selection Team as the defendant. In addition, it is also recommended that the plaintiff know and understand dispute resolution procedures on the determination of members of the General Election Commission at the State Administrative Court. In contrast, if the plaintiff has undergone administrative effort while the General Election Commission rejects the effort. So to get legal certainty, the plaintiff must submit a lawsuit by positioning the Commissioner of the General Election Commission as the defendant at the State Administrative Court.
Assessment of the electoral reform of 2008 on the General Election of 2011
2020
The study assessed the electoral reform of 2008 on the general election of 2011, with the main objective to determine the effect of the reform on the 2011 general election. The study is anchored on structural functionalism or the structural functionalist theory propounded by Varma (1975). The study adopted documentary design as a methodology for the study, is concerned with the analysis of documents that contain information about a given phenomenon under investigation. The data used in this study is the number of election petition filled at the tribunals for 2007 and 2011, to analyze the data percentages and bar chart was used. The study found that, the 2008 electoral reform didn’t decreased the irregularities in the electoral system as shown in the increased in the number of litigation's before the tribunal. The study concluded that, the implementation of the 2008 electoral reform has no positive effect on the outcome of the 2011 general election. The study recommended among-st...
International Journal of Law and Politics Studies
This paper aims to analyze the ideal form in the process of harmonization of the General Election Commission (PKPU) Regulations which experienced disharmony in connection with the 2020 election arrangements, as well as the formulation of legal certainty that it can use. The 2020 election will go down in history as a democratic party that goes hand in hand with the COVID-19 pandemic. The implementation is carried out with various rules, especially PKPU, which in practice is known as two types: the technical PKPU for the performance of stages and the COVID PKPU. This regulatory dualism creates a form of disharmony of legal norms so that the condition of legal certainty becomes something that has a high level of importance. Based on doctrinal research, it can be explained that the harmonization carried out on PKPU in implementing the 2020 Election is in the form of horizontal harmonization based on several existing legal principles. This principle justifies that the COVID PKPU can over...
Design of General Election in Indonesia
2020
The 2019 general elections in Indonesia have been held differently from the previous period. The 2019 general elections held simultaneously five boxes. This article discusses how the implementation of the 2019 general election and how the rather election should be carried out in the future. The author concludes that the implementation of simultaneous general elections in 2019 caused tremendous complexity for participants, voters, and organizers. The complexity and constraints that occur make the selection process not run well and less efficient and effective time spent. Then for the coming period, the elections should be carried out using the design of simultaneous national elections and simultaneous regional elections. In the simultaneous national election, it held to elect the President and Vice President, members of the House of People’s Representative, and members of the Regional Representative Board. Then in the simultaneous regional election, it held to elect the Governor, Reg...
Analyzing the Impact of the Electoral Reform of 2008 on the Outcome of the General Election of 2011
International Journal of Advanced Research in Public Policy, Social Development and Enterprise Studies, 2024
T he study examined the impact of the electoral reform of 2008 on the general election of 2011, with the main objective to access the effect of the reform on the 2011 g enera l e lecti on . Th e st u dy is a nc ho r ed o n st r u c t ural functionalism or the structural functionalist theory propounded by Varma (1975). The study adopted documentary design as a methodology for the study, is concerned with the analysis of documents that contain information about a given phenomenon under investigation. The data used in this study is the number of election petition filled at the tribunals for 2007 and 2011, to analyze the data percentages and bar chart was used. The study found that, the 2008 electoral reform didn't decrease the irregularities in the electoral system as shown in the increased in the number of litigations before the tribunal. The study concluded that, the implementation of the 2008 electoral reform has no positive effect on the outcome of the 2011 general election. The study recommended amongst others that, electoral reforms that are electorates incline should be thoughtful, such reform that can educate the electorate and rehabilitates our political ideology from the old ways of manipulations and illegalities through political sanitization and acceptable awareness.
Iustum Auquum Salutare nr 1, 2017
By adopting the Act of 25 June 2015 with Article 137 in the nal months of its term, theseventh Sejm sought legal grounds allowing the PO–PSL coalition to ll all places atthe Tribunal that were vacated in 2015. According to the derogated legal state, the PO– PSL coalition could ll no position vacated at the CT in 2015 sooner than mid-October.President Komorowski endorsed the legislative manipulation described here by his refusal to leave the decision to call parliamentary elections to a new President. By thatdecision he wanted to provide a convenient time frame for the PO–PSL coalition to make a grab for the Tribunal. The Constitutional Tribunal became involved in that process which sought to installat least three candidates from the nominees selected by PO for the Tribunal. The Tribunal took that action despite the fact that the Sejm found the October election to belegally invalid. Contrary to the judgment of 3 December 2015, attempts are being madeto make public opinion and the world of politics believe that the Tribunal upheld thelegality of the judicial election in October 2015; to that end, resort is made to selected arguments in the statements of reasons. In the scrutiny procedure launched by a group of Sejm deputies the Constitutional Tribunal is a court of law, not a court of facts. The Tribunal has no powers to review the process of selecting the judges by the Sejm. During the proceedings in which it passed the judgment case no. K 34/15, it could only rule on the constitutionality of a general and abstract legal norm