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1
Caughey, Devin, and Jasjeet S. Sekhon. "Elections and the Regression Discontinuity Design: Lessons from Close U.S. House Races, 1942–2008." Political Analysis 19, no. 4 (2011): 385–408. http://dx.doi.org/10.1093/pan/mpr032.
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Following David Lee's pioneering work, numerous scholars have applied the regression discontinuity (RD) design to popular elections. Contrary to the assumptions of RD, however, we show that bare winners and bare losers in U.S. House elections (1942–2008) differ markedly on pretreatment covariates. Bare winners possess largeex antefinancial, experience, and incumbency advantages over their opponents and are usually the candidates predicted to win byCongressional Quarterly's pre-election ratings. Covariate imbalance actually worsens in the closest House elections. National partisan tides help explain these patterns. Previous works have missed this imbalance because they rely excessively on model-based extrapolation. We present evidence suggesting that sorting in close House elections is due mainly to activities on or before Election Day rather than postelection recounts or other manipulation. The sorting is so strong that it is impossible to achieve covariate balance between matched treated and control observations, making covariate adjustment a dubious enterprise. Although RD is problematic for postwar House elections, this example does highlight the design's advantages over alternatives: RD's assumptions are clear and weaker than model-based alternatives, and their implications are empirically testable.
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Molina, José E., and Carmen Pérez. "Evolution of the Party System in Venezuela, 1946–1993." Journal of Interamerican Studies and World Affairs 40, no. 2 (1998): 1–26. http://dx.doi.org/10.2307/166372.
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The 1946 election for Venezuela's National Constituent Assembly marked the beginning of democratic electoral processes and the modern party system in that country. Although interrupted by ten years of dictatorship (1948-1958), nine national elections for president and parliament have been held since 1946. In conjunction with these elections, the Venezuelan party system has passed through four stages: a predominant party system (1945-1948), a limited multiparty system (1958-1973), an attenuated two-party system (1973-1993), and recently, the return to a limited multiparty system (1993-) (Sartori 1976).
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Wilson, Matthew J. "E-Elections: Law in Asia & Online Political Activities." Wyoming Law Review 12, no. 1 (January 1, 2012): 237–51. http://dx.doi.org/10.59643/1942-9916.1276.
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Norton, Helen. "What Bush v. Gore Means for Elections in the 21st Century." Wyoming Law Review 2, no. 2 (January 1, 2002): 419–33. http://dx.doi.org/10.59643/1942-9916.1045.
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Rupasov, Alexander I. "Organization of the First Post-War Elections to the Supreme Soviet of the USSR in Leningrad in October 1945 – February 1946: Documents from the Central State Archive of St. Petersburg." Herald of an archivist, no. 3 (2020): 836–47. http://dx.doi.org/10.28995/2073-0101-2020-3-836-847.
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By decree of the Presidium of the Supreme Soviet of the USSR of October 5, 1945, the first post-war elections to this supreme body of state power were scheduled for February 10, 1946. The political leadership attached exceptional importance to the election campaign launched in autumn 1945. The election campaign and its results could have been an indicator of the mood of Soviet society, permitting to estimate whether the victory in the war had been able to neutralize the accumulated fatigue from the hardships of the war and prevent the growth of negative feelings among the population towards the communist party and Soviet leadership. Thus, the authorities paid special attention to the organization of the elections to the Supreme Soviet in Leningrad, the city which survived the siege. Political and ideological support for the election campaign of autumn 1945 – winter 1946 was not the only task that the Soviet and party structures in Leningrad were concerned about. Purely organizational and technical aspects of the elections required coordination between a large number of departments and organizations. One of the most serious organizational problems was lack of trained personnel to work in election commissions. The Central State Archive of St. Petersburg has some limited number of documents that allow us to study the organizational and technical side of the elections in Leningrad in 1945-1946.
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Selinger, William. "Schumpeter on democratic survival." Tocqueville Review 36, no. 2 (January 2015): 127–57. http://dx.doi.org/10.3138/ttr.36.2.127.
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Joseph Schumpeter’s Capitalism, Socialism and Democracy, first published in 1942, has been called “the most influential twentieth-century approach to the democratic management of power relations.” In that text, Schumpeter famously denies that democracy has any intrinsic value. There is no necessary association between democratic government and the values of equality and liberty. Democracy is merely one method of political organization among many. It means nothing more than that “the people have the opportunity? of accepting or refusing the men who are to rule them,” via “competitive elections” (CSD, 284-285).
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Jankowski, Michael, and Stefan Müller. "The incumbency advantage in second-order PR elections: Evidence from the Irish context, 1942–2019." Electoral Studies 71 (June 2021): 102331. http://dx.doi.org/10.1016/j.electstud.2021.102331.
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Ansolabehere, Stephen, and James M. Snyder. "The Incumbency Advantage in U.S. Elections: An Analysis of State and Federal Offices, 1942–2000." Election Law Journal: Rules, Politics, and Policy 1, no. 3 (September 2002): 315–38. http://dx.doi.org/10.1089/153312902760137578.
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Dalhar, M., Yety Rochwulaningsih, and Dhanang Respati Puguh. "Kiai Fauzan: Pemikiran dan Peranannya di Kabupaten Jepara 1942-1972." Indonesian Historical Studies 3, no. 1 (July 7, 2019): 29. http://dx.doi.org/10.14710/ihis.v3i1.5095.
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This study focuses on the life, ideas, and role of Kiai Ahmad Fauzan in developing Islamic teachings and national values. Islam and nationalism are two things that interconnected and not contradictory. In Indonesian history, the two of them caused turmoil, even opposition. The purpose of this study is to prove the return of the Moslem spirit which is in line with the development of local religious leaders, primarily through case studies of local scholars in Jepara, such as Kiai Ahmad Fauzan. This study used a historical method, including heuristics, source criticism, interpretation, and historiography. Kiai Ahmad Fauzan was a leader of the Nahdlatul Ulama (NU) who fought through education and politics to uphold the AhlussunahwalJamaah(Aswaja) ideology in Jepara. Fauzan's Islamic and national ideas can be seen from syair[poems] conveyed to the public. Syairbecame a media for propaganda for Kiai Ahmad Fauzan in spreading the religious understanding of Islam Aswaja. It is delivered to the community as reminder and awareness of harmonious religious and national values. His role in the religious and socio-political fields was seen when Japan began occupying Jepara in 1942. He was the target of arrest because of his role as a cleric. Its leadership formed from religious roles carried out mainly through madrasa and da'wah by traveling from one village to another. Kiai Ahmad Fauzan was involved in socio-religious organizations such as the Indonesian Islamic Assembly (MIAI), Indonesian Muslim Council (Masyumi), and NU, especially during the 1955 elections. Kiai Ahmad Fauzan was also trusted by the government to be the first leader of the Ministry of Religion in Jepara after independence revolution.
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Salim, Hardy, and Cut Memi. "KEWENANGAN MAHKAMAH KONSTITUSI DALAM MENGADILI PERKARA PERSELISIHAN HASIL PEMILIHAN KEPALA DAERAH (SUATU KAJIAN TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 97/PUU-XI/2013 JO. PUTUSAN MAHKAMAH KONSTITUSI NOMOR 072-073/PUU-II/2004)." Jurnal Hukum Adigama 1, no. 2 (January 21, 2019): 570. http://dx.doi.org/10.24912/adigama.v1i2.2847.
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Acccording to the Arrticle 24C paragaaph (1) the Constttution of thr Republic of Indonesia of 1945, the Constitutional Court of thr Republic of Indonesia have thr power to decide upon disputes over the results of general election. The general election referred to here is elections to elect members of the legislature, regional representative councils, regional legislatures, president amd vice president. Both of thr provisions have been limitative, so there will no be any other elections that included. However, in its development, the Constittutional Court of the Republc of Indonesia is given the power to decide upon disputes ovrr the results of regional hed elections with a legal basis of the Constittutional Court Ruling Number 072-073/PUU-II/2004. However, a litle later the Constttution Court of the Republic of Indonesia issued a Consttttuional Court Ruling Number 97/PUU-XI/2013 which said tht the Constitusional Court of the Republic of Indonesia can’t have the power to decide upon disputes over the resuls of regional hed elections. This reaises problems regarding whether regional head elections are included in thr general election regime? And whether the Constitutional Court of the Republic Indonesia has thr authorty to decide upon disputes over the results of regional hed elections? Thr Author examined the issue by normative method. The results of thr resrarch show tht thr regional hesd elections is not a part of the general electiins regime and the Constututional Corrt of the Republic Indonesia can’t have thr power to decide upon disputes ovrr thr resulls of the regional hesd elections.
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Setia Putra, Imam Radianto Anwar, William Socrates Kasimat, and Purwadi Purwadi. "Political Participation of Communities in the 2018 Papua Gubernatorial Election Agenda." Jurnal Bina Praja 12, no. 2 (December 16, 2020): 113–23. http://dx.doi.org/10.21787/jbp.12.2020.113-123.
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This research article aims to describe communities' participation through direct elections, citizen agreement, and the mandate of representatives with actor interaction in the 2018 Papua gubernatorial election. The regional heads who elected democratically manifest the implementation of direct elections mandated by Acts of 1945 with community participation. The participation of communities in gubernatorial elections comes to the polling places and then casts/elects the desired candidate. More than that, communities' participation explains in-depth the form of involvement and typology of community participation in organizing the Papua Gubernatorial Election. Political participation of Papua communities in terms of political participation related to elections (voting/electing). The research was conducted using a qualitative approach with a case study method to explain the Papua communities' awareness at the Papua gubernatorial election. The data was collected using three methods, namely, the documentation study method, interview method, and Focus Group Discussions (FGD) with respondents from the General Elections Commission (KPU), the Regional Government of Papua Province, the Legislative and the Papuan People's Assembly (MRP), traditional figures, religious figures, academics, and Papua communities. Based on the quantitative calculation of communities participating in the gubernatorial election, it reached 88.44% of the total voters of 3,447,008 people who entered the final voter list, meaning that many communities used their voting rights. There were three mechanisms to facilitate community political participation in the Papua gubernatorial election, including direct mechanisms, citizen agreement, and representative mandates. Increasing the quality of political participation of communities in gubernatorial elections begins with regulations governing the legal norms of gubernatorial elections. It needs adjustment to the paradigm, and various experiences of holding Papua gubernatorial elections have been running to date. The standards that must be considered starting from the system, model, mechanism, and form of involvement of gubernatorial election organizers, so that the absolute and actual political participation of the community is formed.
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Mita Wardiyanti, Shobirin Noer, and Machwal Huda. "Strategi Badan Pengawas Pemilihan Umum Kabupaten Jombang Dalam Mencegah Pelanggaran Pemilihan Umum 2019." JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2, no. 4 (October 5, 2023): 191–98. http://dx.doi.org/10.55606/jhpis.v2i4.2645.
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Elections are aimed at electing members of representative councils, such as the DPR, DPD and DPRD. After the IV amendment to the 1945 Constitution was implemented in 2002, the President and Vice President Election (Pilpres), which initially used the MPR (People's Consultative Assembly), was agreed to be carried out directly by the people. The 2004 presidential election was the first direct presidential election. Then the second in 2009. The third Presidential election was held directly in 2014. This activity is carried out every five (5) years (Anugerah.Thesis.2017:2018). This research aims to find out and understand what strategies Bawaslu Jombang implemented in an effort to prevent violations in the 2019 Election. The research method used was descriptive qualitative, using informants in this research who were the chairman, secretary and members of Bawaslu Jombang Regency.
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Berger, Ben. "Hiring and Firing Public Officials: Rethinking the Purpose of Elections. By Justin Buchler. New York: Oxford University Press, 2011. 272p. $27.95." Perspectives on Politics 10, no. 3 (August 16, 2012): 803–5. http://dx.doi.org/10.1017/s1537592712001430.
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Few books can be called workmanlike as well as exciting, analytic as well as poignant. Hiring and Firing Public Officials achieves those rare pairings by methodically pursuing an academic coup. Justin Buchler aims to replace electoral theory's dominant “market paradigm”—whose pioneers include Joseph Schumpeter (Capitalism, Socialism and Democracy, 1942) and Anthony Downs (An Economic Model of Democracy, 1957)—with a more accurate “employment model,” and to defend that new model against all manner of attack. Buchler prosecutes his goals doggedly, repetitively, and quite effectively. The result is an intelligent, important new book that may not dazzle but will challenge settled convictions and change more than a few minds. The author's occasionally defensive tone is understandable given the nature of his ambition. His book advocates paradigmatic revolution and, to borrow from Mao Zedong, revolution is not a dinner party.
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Mishchanyn, Vasyl. "FEATURES OF THE LAST STALINIST ELECTION CAMPAIGN IN TRANSCARPATHIA (ELECTIONS TO LOCAL COUNCILS ON FEBRUARY 22, 1953)." Scientific Herald of Uzhhorod University. Series: History, no. 2 (47) (December 20, 2022): 59–66. http://dx.doi.org/10.24144/2523-4498.2(47).2022.266692.
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The article examines the last Stalinist election campaign in Transcarpathia – the local council elections, which were held on February 22, 1953, a few days before the death of the Soviet dictator. Unlike the first two waves of Soviet elections in the region in 1946-1947 and 1950-1951, they already took place without any excesses for the authorities. During this time, the Bolsheviks managed to completely Sovietize Transcarpathia, which manifested in the implementation of a personnel policy primarily based on the verification of "ideological loyalty" to the communists, numerous campaigning and propaganda measures, strict censorship, and repressive policies. These factors soon paid off. The Soviet government already achieved the cherished "99.9%" in the elections without much difficulty. The article highlights the course of the election campaign: the work of election commissions (event plans and their implementation, reports on their implementation), the procedure for nominating candidates, the tasks of campaigning and propaganda work for campaigning groups, points, and individual agitators (conducting lectures, discussion reports, reading newspapers and magazines) instructions to the local press, radio, clubs, and libraries), the election ritual on election day (honorary votes of the most worthy voters, delivering patriotic speeches in honor of the Communist Party, the Soviet Government and the "great leader of the peoples, Comrade Stalin," reports on the fulfillment of socialist obligations Yazan) and other attributes of the "national holiday." It should also be noted that the mechanisms for conducting elections developed by the authorities during Stalin's rule and the election traditions imposed on the population lasted almost until the collapse of the Soviet Union.
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Connelly, John. "East German Higher Education Policies and Student Resistance, 1945–1948." Central European History 28, no. 3 (September 1995): 259–300. http://dx.doi.org/10.1017/s0008938900011845.
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Those who opposed Communist rule in East Germany often did so because Communism in practice strongly reminded them of the fascism they had experienced in the Third Reich. The new East German regime was also one that attempted total control of people's lives; therefore it became natural to describe it as totalitär. Most sensitive to the similarities between the old and new regimes were university students. They displayed stronger direct opposition to the Socialist Unity Party of Germany (SED) in the years from 1946–1949 than any other social group. This is reflected in the political battles that were fought in universities during these years, leading to SED election failures in the elections of the postwar years: 1946/47 and late 1947. The latter were the last freely contested elections in East Germany until 1989. It is also reflected in the disproportionate number of students arrested by Soviet and East German authorities in the early postwar years.
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Savitri, Winny, Anisa Dwi Andiani, and Aden Fadli Mukhammad. "PEMAKNAAN REZIM PEMILU PASCA PUTUSAN MK NOMOR 55/PUUXVII/2019." Jurnal Jendela Hukum 11, no. 1 (April 25, 2024): 44–57. http://dx.doi.org/10.24929/jjh.v11i1.3497.
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The legal basis for transferring regional head election dispute resolution is regulated in article 236C of Law no. 12 of 2008 concerning amendments to Law no. 32 of 2004 concerning Regional Government. This is based on the transfer of election status from the Regional Government regime to the Election Regime. The change in status from Pilkada to Election regime has implications for the transfer of authority in resolving disputes from the Supreme Court to the MK. As regulated in article 1 point 4 of Law no. 22 of 2007 concerning General Election Organizers which states that the Election of Regional Heads and Deputy Regional Heads is an election to elect regional heads and deputy regional heads directly in the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia. From this statement there is an important question regarding the alleged norm dispute between Law no. 22 of 2007 concerning Election Organizers with the 1945 Constitution, because article 22E paragraph (2) of the 1945 Constitution states that General Elections are held to elect members of the People's Representative Council, Regional Representative Council, President and Vice President, and Regional People's Representative Council. So from these two articles it can be seen that there is an indication of inconsistency in the law makers regarding election terminology as regulated in the 1945 Constitution. In the Constitutional Court decision no. 55/PUU-XVII/2019, the Constitutional Court presented a number of other examples of new simultaneous elections which include regional elections in the simultaneous flow. In the Constitutional Court decision no. 55/PUUXVII/2019 was not included in the election regime because it can be seen from the Constitutional Court Decision No. 48/PUU-XVII/2019 and Constitutional Court Decision No. 55/PUU-XVII/2019 where the Constitutional Court did not respond to the theory of regime segregation initiated by the Constitutional Court in Constitutional Court Decision No. 97/PUU-XI/2013. In Constitutional Court Decision No. 55/PUU-XVII/2019 does not want to be trapped in using the regime separation line of thinking again and instead provides a new idea, namely the simultaneity of elections, namely National Elections and Local Elections (which include Regional Elections).
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Ridua, Srye Micze, Jemmy Jefry Pietersz, and Hendry John Piris. "Penundaan Pemilihan Umum dalam Sistem Ketatanegaraan Indonesia." TATOHI: Jurnal Ilmu Hukum 3, no. 6 (October 10, 2023): 615. http://dx.doi.org/10.47268/tatohi.v3i6.1821.
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Introduction: The 1945 Constitution of the Republic of Indonesia does not regulate the postponement of elections and clearly emphasizes that elections are held once every five years, but the discourse on postponing elections has been discussed in Indonesia. Purposes of the Research: The constitutionality of postponing elections and the legal consequences of postponing elections in the Indonesian constitutional system. Methods of the Research: The research method used is normative juridical with statutory and conceptual approaches.Results of the Research: The results of this study concluded that the postponement of elections can use the form of postponement of subsequent elections in the Election Law because the form of postponement of elections in the Election Law does not conflict with the 1945 Constitution of the Republic of Indonesia. Even though the 1945 Constitution of the Republic of Indonesia has stated that elections are held once every five years, in realizing the postponement of elections there is a constitutional way, namely there is a constitutional mechanism, namely through amendments to the 1945 Constitution of the Republic of Indonesia. The postponement of elections also affects the term of office of the President and Vice President as well as members of the DPR, DPD and DPRD
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Lestari, Endang Puji, and Muh Risnain. "EVALUASI NORMA KEDAULATAN RAKYAT DALAM KONSTITUSI DAN PELAKSANAANNYA DALAM KERANGKA NEGARA HUKUM DEMOKRATIS." Indonesian Journal of Law and Policy Studies 1, no. 1 (May 31, 2020): 25. http://dx.doi.org/10.31000/ijlp.v1i1.2633.
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The issue of determining the winners of the presidential election, the tenure of president and vice president, the principle of electing the regional head and the legal regime of the regional head are issues that are still not completely regulated in the constitution and need improvement. Several articles in the constitution relating to people's sovereignty should the MPR make changes to article 6 paragraph (3), article 7, article 18 paragraph (4) and article 23 paragraph (2) by looking at the practice of state administration and the dynamic development of democratic life. MPR as an institution that has the authority to change the constitution can carry out the process of changing the constitution according to the mechanism of article 37 of the 1945 Constitution. such as the absence of the presidential treshold regime and separate elections between legislative elections, presidential elections, local elections. Therefore, the Parliament and the President are called upon to amend Law No. 7 of 2017 concerning elections in line with constitutional values
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Tanjung, Muhammad Anwar, Derita Prapti Rahayu, and Putri Ade Tami. "MODEL PEMILIHAN SERENTAK DI INDONESIA." Jurnal Yudisial 14, no. 3 (March 28, 2022): 313. http://dx.doi.org/10.29123/jy.v14i3.431.
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ABSTRAKKajian ini mengeksplorasi Putusan Mahkamah Konstitusi Nomor 55/PUU-XVII/2019 mengenai beberapa model dalam penyelenggaraan pemilihan umum dan pemilihan serentak di Indonesia. Fakta pemilu serentak lima kotak suara sebagai model penyelenggaraan pemilu serentak bukanlah satu-satunya gagasan yang berkembang dan diperdebatkan selama perubahan UUD NRI 1945. Putusan Mahkamah Konstitusi Nomor 55/PUU-XVII/2019 tentang Uji Materiil Undang-Undang Nomor 7 Tahun 2017 tentang Pemilihan Umum terhadap UUD NRI 1945 telah memberikan pilihan model pemilihan serentak di Indonesia. Oleh sebab itu, rumusan masalah dalam kajian ini ialah bagaimana pertimbangan hakim dalam Putusan Mahkamah Konstitusi Nomor 55/PUU-XVII/2019 dapat menjadi landasan normatif yang mengarah kepada transformasi pemilihan di Indonesia. Penelitian ini menggunakan metode penelitian hukum normatif dengan menggunakan UUD NRI 1945 dan putusan hakim sebagai bahan hukum primer dan hasil penelitian terkait sebagai bahan hukum sekunder. Temuan penelitian ini menyimpulkan bahwa transformasi pemilihan di Indonesia dilakukan dengan memperhatikan batasan/defenisi rezim pemilu dan rezim pemilu daerah/lokal. Rezim pemilu berdasarkan UUD NRI 1945 yakni Pemilu Presiden dan Wakil Presiden, DPR, DPD dan DPRD. Rezim pemilihan daerah/lokal adalah pemilihan gubernur dan wakil gubernur dan bupati/wakil bupati maupun walikota/wakil walikota. Landasan normatif menuju transformasi pemilu dan model pemilihan di Indonesia dilakukan dengan penerapan e-rekap, penyederhanaan jumlah partai politik atau penggunaan proporsional tertutup, penataan ulang kelembagaan penyelenggara pemilu, model sosialisasi yang efektif, rekrutmen penyelenggara pemilu yang berintegritas, pengawasan dan penegakan hukum pemilu melalui khusus pemilu.Kata kunci: pemilu lima kotak; pemilihan serentak; peradilan khusus pemilu; uji materiil. ABSTRACTThis study explores the Constitutional Court Decision Number 55/PUU-XVII/2019 regarding several models in holding general elections and simultaneous elections in Indonesia. The fact that the simultaneous election of five ballot boxes as a model for simultaneous elections is not the only idea that has developed and been debated during the amendment to the 1945 Constitution. The Constitutional Court Decision Number 55/PUU-XVII/2019 on the Judicial Review of Law Number 7 of 2017 concerning General Elections to the 1945 Constitution of the Republic of Indonesia has provided a choice of simultaneous election models in Indonesia. Therefore, the formulation of the problem in this study is how the judges’ considerations in the Constitutional Court Decision Number 55/PUUXVII/2019 can be a normative basis that leads to the transformation of elections in Indonesia. This study uses a normative legal method with the 1945 Constitution of the Republic of Indonesia and the judges’ decisions as primary legal sources and the relevant research results as secondary legal sources. From the results of this study, it can be concluded that the electoral transformation in Indonesia is carried out by taking into account the boundaries/ definitions of the electoral regime, and the regional/local election regime. The election regime is based on the 1945 Constitution of the Republic of Indonesia, which includes the elections for the President and Vice President, DPR, DPD and DPRD. Regional/local election regimes cover the election of governors and deputy governors and regents/deputy regents as well as mayors/deputy mayors. The normative basis for the transformation of elections and electoral models in Indonesia is carried out by implementing e-recap, simplifying the number of political parties or using closed proportional, reorganizing election management institutions, implementing effective socialization models, logistics management, recruitment of election organizers of integrity, supervision and law enforcement through a special election court.Keywords: election of five ballot boxes; simultaneous election; special election court; judicial review.
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Fariza, Siti. "Kedudukan Hak Konstitusional Warga Negara Terkait Gagasan Calon Perseorangan/Independen Di Dalam Pemilihan Umum Presiden dan Wakil Presiden." STAATSRECHT: Indonesian Constitutional Law Journal 3, no. 1 (June 24, 2019): 151–78. http://dx.doi.org/10.15408/siclj.v3i1.12944.
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AbstractGeneral elections are held with the aim of electing people's representatives, as well as to form a government that is democratic, strong, and obtains popular support. Besides aiming to realize national goals as the 1945 Constitution. In general elections there are candidates who are not proposed by political parties or a combination of political parties called individual candidates or independent candidates. This research uses normative juridical and library research by evaluating the laws and regulations, books, journals, and related internet sources. The results of the study showed that there were still no legitimate or independent candidates being approved, thus indicating the blockage of citizens' constitutional rights to be elected in a general election.Keywords: General Election, Presidential and Vice-Presidential Candidates, Individual or Independent Candidates
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Helen, Zennis. "PEMILU YANG BERINTEGRITAS DALAM NEGARA HUKUM DEMOKRATIS." UNES Law Review 1, no. 3 (March 5, 2019): 318–27. http://dx.doi.org/10.31933/law.v1i3.44.
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The journal entitled Elections with Integrity in the State of Democratic Law was made for several reasons. First, elections are a means of implementing popular sovereignty as the implementation of normative provisions of the 1945 Constitution of the Republic of Indonesia, especially Article 1 Paragraph (2) which states that "Sovereignty be in the hands of the people and carried out according to the Constitution, ". Sovereignty in the hands of the people is also manifested through elections as a means of rotating leadership both at the national and regional levels carried out through direct, general, free and confidential principles. Secondly, elections in the 1945 Constitution are carried out by a general election commission which is referred to by the General Election Commission (KPU), Third, because the means of implementing people's sovereignty carried out by the KPU must be carried out by people who are not only professionals but also must have the main requirements, namely having dignity and integrity, Fourth, so that the implementation of the election is on track in accordance with the provisions of applicable legislation, supervision must be carried out by Law No. 7 of 2017 on Elections called the Election Supervisory Body (Bawaslu) ) The General Election Commission (KPU), Bawaslu, as the EMB has hierarchical levels from the central, provincial and district / city levels. This journal has two problem formulations, namely First, What is the urgency of the election as the implementer of popular sovereignty? Second, what is the election with that integrity?
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Laksono, Fajar, and Oly Viana Agustine. "Election Design Following Constitutional Court Decision Number 14/PUU-XI/2013." Constitutional Review 2, no. 2 (February 6, 2017): 216. http://dx.doi.org/10.31078/consrev223.
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The major implication from Constitutional Court Decision No. 14/PUU-XI/2013 is that the Constitution promotes fundamental changes to the design of the general election regarding both process and substance. Therefore, in order to uphold the Constitution, efforts are required to reconstruct the design of the general election, particularly so that elections are conducted in accordance with Decision No. 14/PUU-XI/2013 as a representation of the spirit and the will of the 1945 Constitution. Essentially, the current norm regarding the implementation of general elections following the election of members of the representative institution is not consistent with the stipulations in Article 22E Paragraph (1) and Paragraph (2) and Article 1 Paragraph (2) of the 1945 Constitution. Constitutional Court Decision No. 14/PUU-XI/2013 aims to realign the implementation of the elections with the intentions of the 1945 Constitution. Through implementation of the original intent method and systematic interpretation, the Constitutional Court offered its interpretation that the framers of the amended Constitution intended that general elections have five ballot boxes, with the first for the People’s Representative Council (Dewan Perwakilan Rakyat, DPR), the second for the Regional Representative Council (Dewan Perwakilan Daerah, DPD), the third for the president and vice president, the fourth for the Regional People’s Representative Council (Dewan Perwakilan Rakyat Daerah, DPRD) at the provincial level and the fifth for the DPRD at the regency level. Thus, it can be concluded that the presidential elections should be conducted simultaneously with elections of members of the representative bodies. Through this decision, the Constitutional Court revoked the prevailing norm, such that Presidential Elections and Elections of members of representative bodies were no longer valid because they violated the 1945 Constitution. The Constitutional Court introduced a new legal condition that obligated General Elections to be held simultaneously.
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Zulhidayat, Muhammad, Rosi Mirnawati, Amina Intes, Uwe Barroso, and Elladdadi Mark. "Legal Politics of Holding the 2024 Elections the Absolute and Ideal and Constitutional." Rechtsnormen Journal of Law 1, no. 1 (July 7, 2023): 28–34. http://dx.doi.org/10.55849/rjl.v1i1.313.
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Background. The holding of simultaneous elections on April 17 2019 is a new history in the general election process in Indonesia. This is an implication of the Constitutional Court Decision Number 14/PUU/2013 in the case of reviewing Law Number 42 of 2008 concerning the General Election of the President and Vice President. Even though the simultaneous elections have been judged to be better than the previous elections, it does not mean that they do not have deficiencies in their implementation. Purpose. The most shocking problem was the large number of fatalities by election organizers which were considered to be the impact of the 2019 simultaneous election and other technical problems. Method. Looking at the various sides that emerged from the 2019 elections, the Association for Elections and Democracy (Perludem) conducted a judicial review of the 1945 Constitution to the Constitutional Court as outlined in the Constitutional Court Decision Number 55/PUU-XVII/2019. Results. In his argument, the applicant conveyed a number of things related to the analysis that had been carried out in the implementation of the simultaneous elections which were held in 2019 yesterday. In the results of this decision, the Constitutional Court reject the applicant's application in its entirety because it is considered that the application has no legal grounds. Conclusion. However, the Constitutional Court provided options related to simultaneous election models that can be selected and considered constitutional based on the 1945 Constitution.
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Filippenko, Olga V. "Special Settlers in the Elections of 1946/1947." Historical Courier, no. 1 (February 28, 2024): 201–13. http://dx.doi.org/10.31518/2618-9100-2024-1-14.
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Salurante, Belona Danduru, Andi Dewi Primayanti, and Isman Bruaharja. "Kedudukan Badan Pengawas Pemilu Berdasarkan Undang-Undang Dasar 1945." AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam 4, no. 2 (November 2, 2022): 473–80. http://dx.doi.org/10.37680/almanhaj.v4i2.1689.
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In the history of the implementation of elections in Indonesia, the term election supervision actually only emerged in the 1980. In the implementation of the elections which were first held in Indonesia in 1955, the term election supervision was not yet known. In that era,trust was built among all participants and citizens regarding the implementation of elections which were intended to form a parliamentary institution which is currently it is called as constituent.Although the ideological conflict at that time was quite strong, it can be said that thre was very minimal fraud in the implementation of the stages,even if there was friction outside the area of the election,the friction that emerged was a the logical consequence of the ideological struggle at that time until now the belief that Bawaslu must be able to work synergistically with all elements of the nation
Kata kunci: Election supervisory body and democratic system
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Maninggesa, Suwardi. "Pentingnya Peranan Pemerintah Daerah dalam Penyelenggaraan Pemilihan Umum." AHKAM 1, no. 1 (December 28, 2022): 166–76. http://dx.doi.org/10.58578/ahkam.v1i1.749.
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In the Indonesian state, the Constitution guarantees the sovereignty of the people, this is contained in article 2 paragraph (2) of the 1945 Constitution which states that "Sovereignty is in the hands of the people and implemented according to the Constitution" then this is contained in the 4th Pancasila precept which reads "Populist led by wisdom in representative deliberations" then its implementation is carried out in Law Number 7 of 2017 concerning General Elections, Article 1 explains that General Elections, hereinafter referred to as elections, are a means of ratkyat sovereignty to elect members of the People's Legislative Assembly, members Regional Representative Council, President and Vice President, and to elect members of the Regional People's Legislative Assembly, which are carried out directly, publicly, freely, confidentially, honestly and fairly within the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia The General Election Commission (KPU) is glue As election organizers, the Election Supervisory Body (Bawaslu) is an institution that oversees elections, but election success is not only the responsibility of the KPU or Bawaslu, but all elements of the Indonesian nation have their respective responsibilities and roles in holding successful elections, including the government. participating area. In holding General Elections, the Regional Government is mandated to provide assistance and facilities in accordance with statutory provisions. This study discusses the importance of the Regional Government's Role in the Implementation of General Elections.
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Lazdiņš, Jānis. "Consolidation of the Principle of Democratic Elections in the Law of the Latvian People." Journal of the University of Latvia. Law 16 (October 16, 2023): 160–77. http://dx.doi.org/10.22364/jull.16.10.
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The article provides an analysis of the gradual consolidation of the principle of democratic elections in the election law of the Latvian people during the period from the abolition of serfdom in the Baltic Governorates of the Russian Empire at the beginning of the 19th century until the adoption of the Satversme [Constitution] of the Republic of Latvia on 15 February 1922. Abolition of serfdom was chosen as a point of reference for the publication, because “emancipation” gave liberty to the majority of Latvians as persons belonging to the peasant class. Until proclamation of the Republic of Latvia (1918), Latvians gained election experience in electing the councils of civil parishes, cities and the State Duma of the Russian Empire. None of the elections held in the Russian Empire can be considered to be democratic, since the principle of voters’ equality was not complied with. Demand for democratic elections as denial of inequality consolidated among the Latvian people by the end of the 19th century. It is proven by the projects of Latvia’s autonomy, elaborated even before the democratic February Revolution in the Russian Empire (1917). Following the proclamation of the Republic of Latvia, the legislator only enshrined (documented) in legal acts the will of the Latvian people to elect state and local government officials democratically.
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Kartika Nabela, Tiara, and Arfa'i Arfa'i. "PENGATURAN PENYELENGGARAAN PEMILIHAN KEPALA DAERAH SERENTAK TAHUN 2024 BERDASARKAN UNDANG-UNDANG NOMOR 10 TAHUN 2016." Limbago: Journal of Constitutional Law 3, no. 3 (October 30, 2023): 415–27. http://dx.doi.org/10.22437/limbago.v3i3.22189.
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Based on Law Number 10 of2016 article 201 paragraph 8 determines simultaneousnational voting in the election of governors and deputy governors, regents and deputyregents, as well as mayors and deputy mayors throughout the territory of the Unitary Stateof the Republic of Indonesia to be held in November 2024. This research aims: 1). To findout and analyze the implementation of the implementation of simultaneous regional headelections in 2024 in Indonesia. 2). To find out and analyze the supervision of simultaneousregional head elections in 2024. The research method used in this study is a normative juridical method. This study usesastatutory,historicalandconceptualapproach.Presidential elections (Pilpres), legislative elections (Pileg) and regional head elections(Pilkada)wereheldinthesameyear.RegardingtheimplementationofPilkadaasstipulatedin Article 18 paragraph (4) of the 1945 Constitution, regional election is a regionalgovernment election regime and not an election regime as referred to in Article 22E of the1945 Constitution. The 2024 elections and regional elections will be very complex becausethe stages of holding elections will take place in parallel with the stages of holding theregionalelections.Forthisreason,effortstoimprovetheprocessofholdingelectionsinthefuture areneeded. Â
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Asnawi, Asnawi, and Aji Mulyana. "PENEGAKAN HUKUM TINDAK PIDANA POLITIK UANG PEMILIHAN KEPALA DAERAH DI PROVINSI BANTEN MENURUT UNDANG-UNDANG NOMOR 10 TAHUN 2016 TENTANG PEMILIHAN GUBERNUR, BUPATI DAN WALIKOTA." Jurnal Hukum Mimbar Justitia 4, no. 2 (December 31, 2018): 138. http://dx.doi.org/10.35194/jhmj.v4i2.467.
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The elections of the head of the region and Deputy Head of the region are the elections to choose the head of the region and Deputy Head of the area directly within the Unitary State of the Republic of Indonesia based on Pancasila and the Constitution of the Republic of Indonesia The year 1945. The election of the head of the philosophical foundation of the juridical area has Article 18 paragraph (4) of the Constitution of the Republic of Indonesia Year 1945. The election of the head of the Region directly and simultaneously was first performed in the year 2015. Simultaneous elections were held next in 2017, one of the areas that carry out is the province of Banten. This research aims to find out whether there is a violation of criminal acts of political money election of the head of the region according to law No. 10 The Year 2016 on the second amendment in the law number 1 The Year 2015 About The Gubernatorial election, Governor and the Mayor elections of members of Parliament, DPD, and DPRD. This research was conducted by using the juridical normative approach method and empirical juridical approach that is performed based on the primary law materials by way of reviewing legislation and research direction in The Election Watchdog Agency Of Banten Province. Based on the results of the study, the reported violations of the election Watchdog Agency that is abuse of the tools praga campaign, veiled and Political campaign money. Keywords: Crime; Law Enforcement; Money Politics; Elections.
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Nugroho, Wahyu. "Politik Hukum Pasca Putusan Mahkamah Konstitusi atas Pelaksanaan Pemilu dan Pemilukada di Indonesia." Jurnal Konstitusi 13, no. 3 (November 22, 2016): 480. http://dx.doi.org/10.31078/jk1331.
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After amendment 1945, whether legislative elections and the election of the executive power implementing held directly by the people, and going political reform electoral laws and local election, both in the revision of the existing political regulations, and rules in the law after the Constitutional Court decision, namely Law No. 42 of 2008 on General Election of President and Vice President, and and Law No. 10 of 2016 on the Second Amendment of Act No. 1 of 2015 on Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the election of Governors, Regents and Mayors became acts. The purpose of the study on the implementation of the legal political and local elections are to conduct political rearrangement and local elections law in a mosaic of Indonesian state structure, maturity in politics, the consolidation of local democracy, and changes in local people’s minds to develop the region very hung to the figure of its leader, as well as ensuring the political rights of citizens in national and local political constellation. The results in this study is the need for consistency of law enforcement for compliance with a number of legal instruments and the implementation of procedures and penalties in the administration of elections. Aspects of legal certainty and the cultural aspect is very important law met in order for the elections and the local election purpose in achieving this goal idealized.In addition, the electoral administration in central and local levels, as well as participating in the election and the election shall comply with laws and regulations, ranging from the Commission Regulation, Act, as well as adherence to Constitutional Court decision. The author draws conclusions that the renewal of electoral politics and the local election after the Constitutional Court Decision in the Indonesian constitutional structure has implications for changes in the system, the mechanism and the pattern of elections and the local election organizers and participants of the election and the local election. On some empirical experience that was shown in the administration of elections and the election, people think the dynamic to organize and improve the system, as well as have awareness of constitutional rights guaranteed by the 1945 Constitution on political rights for the sake of the spirit of building area through the local elections to choose a figure that is idealized.
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Krzywoszyński, Przemysław. "Z dyskusji nad referendum w Polsce Ludowej." Czasopismo Prawno-Historyczne 61, no. 1 (June 30, 2009): 173–93. http://dx.doi.org/10.14746/cph.2009.1.8.
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In the period of the Polish People's Republic (1944 to 1989), there was a clear disproportion between the practice and the theory of a referendum. Although during the whole period direct elections were held only twice (1946 and 1987), discussions on the chances of holding a referendum had continued all the time. The first referendum that was held was so designed that it allowed the communists to take over power "lawfully." The other election, held shortly before the end of the Polish People's Republic rule, at the time when the political and economic crisis was accelerating, was less successful for the government in office, and failed to secure sufficient support to the leading party. The discussions on the political and legal issues that followed went far beyond the elections, though. Other important issues involved "people's" or "socialist" democracy.
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Eddyono, Luthfi Widagdo. "Penetapan Anggota Panwaslu oleh Bawaslu: Analisis Putusan Mahkamah Konstitusi Nomor 11/Puu-Viii/2010." Jurnal Konstitusi 8, no. 2 (May 20, 2016): 23. http://dx.doi.org/10.31078/jk822.
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The Constitutional Court of Indonesia in Decision Number 11/PUU- VIII/2010 stated that the provisions regarding the recruitment of members of the Supervisory Committee for the Election must be nominated by the Provincial/District General Elections Commission is contrary to Article 22E Paragraph (1) and paragraph (5), and Article 28D Paragraphs (1) of the 1945 Constitution. Therefore, to ensure a fair legal certainty and avoid disruption of the elections, the nomination and appointment of members of Supervisory Committee for the Election is conducted by one institution, namely the General Elections Supervisory Body (Bawaslu) or Supervisory Committee for the Election. The decision contains two legal meanings. First, the view that the principle of checks and balances are not only connected with separation of power at the legislative branch, executive branch, and judiciary branch, but also the relationship between “supervisors and the supervised” that based on the proportional rationality inter-state relations. Second, the case number 11/PUU-VIII /2010 actually contain elements of the dispute between the two state institutions, namely the General Elections Commission and Bawaslu because not only related to the interpretation of norms, but also the fate of members of 192 Supervisory Committee Election that not recognized and approved by the General Elections Commission. The problem handled by Constitutional Court using judicial review case against the 1945 Constitution.
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Naufal Rishanda, Aufa. "The Regulation of Continuous Election Design’s Implementation Based on the Constitutional Court’s Decision." Constitutionale 2, no. 2 (December 31, 2021): 79–88. http://dx.doi.org/10.25041/constitutionale.v2i2.2295.
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This study aims to describe the consistency of judges' considerations in the Constitutional Court Decision No. 14/PUU-XI/2013 and the Constitutional Court Decision No. 55/PUU-XVII/2019 and its suitability with the design of the election administration according to the 1945 Constitution of the Republic of Indonesia. To measure the consistency of the two Constitutional Court Decisions, the meaning of the original intent of holding elections simultaneously according to the Amendment of the 1945 Constitution of the Republic of Indonesia will be used. This is normative legal research, which uses approach legislation (statute approach) and historical approach (historical approach). The results of this study indicate that the judge's considerations in the Constitutional Court Decision 14/PUU-XI/2013 are inconsistent with the Constitutional Court Decision 55/PUU-XVII/2019. Based on the original intent study, the Amendrs to the 1945 Constitution of the Republic of Indonesia disagreed on the simultaneous implementation of the General Election in Indonesia. So the judge's consideration in the Constitutional Court's decision Number 14/PUU-XI/2013, which requires simultaneous elections, is not following the design of the election administration according to the amendment to the 1945 Constitution of the Republic of Indonesia. Six alternatives for the simultaneous implementation of elections.
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Chuev, Sergey V. "Atypical Communist Leonid Ivanchenko: Soviet Career Years." Общество: философия, история, культура, no. 12 (December 20, 2023): 270–76. http://dx.doi.org/10.24158/fik.2023.12.37.
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This article is devoted to the Soviet period of the biography of a prominent figure in the modern history of the Don, a well–known participant of the left flank of party life in Russia – Leonid Andreevich Ivanchenko (1942–2016). The hero of the publication in the 1980s–early 1990s became one of the leaders of the Rostov region: chairman of the Rostov City Executive Committee (1984–1986), secretary, second secretary of the Regional Committee (1986–1989), chairman of the Regional Executive Committee (1989–1990) and the Regional Council (1990–1991). Ivanchenko throughout his political path was forced to master new technologies of work in power in conditions of competitiveness, glasnost in the discussion of candidates, and publicity. He claimed the position of the First Secretary of the Rostov Regional Committee of the Communist Party of the Soviet Un-ion (CPSU) in the alternative elections (1990). And after losing, he tried to make the regional council a key re-gional center for political decision-making. In August 1991, due to the support of the State Committee on the State of Emergency (GKChP), he was illegally resigned, which determined his future political path.
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Andayani Bs, Dwi, and Muhammad Rizqi Fadhlillah. "The Development of General Elections and Regional Head Elections After the Reformasi Era." Journal of Law, Politic and Humanities 3, no. 3 (June 12, 2023): 311–18. http://dx.doi.org/10.38035/jlph.v3i3.221.
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Indonesia is a constitutional state (Rechtsstaat) that upholds the values of legal norms based on laws. Indonesia has the highest legal norms, namely Pancasila and the 1945 Constitution of the Republic of Indonesia. Therefore, all forms of legislation that are made must not conflict with the 1945 Constitution of the Republic of Indonesia. in the Indonesian constitutional system experienced a very significant change. The implementation of direct and simultaneous elections in the post-reform era was held on April 17 2019, which is historical in the electoral process in Indonesia. This is an implication of the Constitutional Court Decision Number 14/PUU-XI/2013 concerning the judicial review case of the Law of the Republic of Indonesia Number 42 of 2008 concerning the General Election of President and Vice President. directly by the people. Simultaneous election implementation which will be held in 2024, this has been stipulated in the Law of the Republic of Indonesia Number 7 of 2017 concerning General Elections and the Law of the Republic of Indonesia Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 Concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2014 Concerning the Election of Governors, Regents and Mayors to Become Laws. The two laws mandate that in 2024 elections will be held simultaneously in 1 (one) year, namely presidential and vice-presidential elections, legislative elections and regional head elections. In addition, there is a provision regarding the presidential threshold that has existed since the 2004 election.
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Strauchold, Grzegorz. "The circumstances of the liquidation of the Ministry of Recovered Territories." Masuro-Warmian Bulletin 287, no. 1 (April 15, 2015): 111–20. http://dx.doi.org/10.51974/kmw-142680.
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As a result of falsified legislative elections to the Sejm in early 1947. Communist Polish Workers’ Party received almost the full political power in Poland. Legally opposition, placed in the Polish Peasant Party and illegal, anti-communist political and military structures clearly weakened, were unable to influence the situation in the country. During 1947 and 1948 were promoted top-down thesis that had been successfully resolved all issues related to the integration so called Recovered Territories with the rest of the country. Incorporated in 1945 Eastern German territories.It was not true, but such views formed part of the fight against the Stalinist leadership of the PPR with the leader of the Communists‘national’Władysław Gomułka. During 1948,. his political position has been marginalized. As the leader of PPR and head of the Ministry of Recovered Territories had lost the ability to influence the situation in the western and northern regions.At the beginning of 1949. Ministry was closed despite the many unresolved lands new problems.
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Jasi, Askolani, Megawati Barthos, and Faisal Santiago. "Postponement Arrangements of Election From The Perspective of The 1945 Constitution of The Republic of Indonesia." Jurnal Indonesia Sosial Sains 4, no. 06 (June 4, 2023): 531–35. http://dx.doi.org/10.59141/jiss.v4i06.818.
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Abstract. Provisions regarding the postponement of the implementation of elections have been regulated in Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Prior to the election, there have always been efforts from several parties who wished that elections could be held in a direct, public, free, honest, fair, and transparent manner. However, this matter was deliberately brought up, so that the implementation of the General Election could be delayed from the previous schedule for some reason. Nevertheless, the implementation of the Election can be postponed, as long as it does not violate the applicable laws and regulations, and has received legal approval based on the results of a Judge's decision in court. The after-effect of the delay in the implementation of the election itself can end in the need for an amendment to Article 22E paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Thus, even though it is legal in the eyes of the law if the implementation of the election is postponed, considering the impact that needs to be caused, all parties, starting from elements of the Legislature and Judiciary in making decisions related to the possibility of holding elections properly and correctly, without political elements involved.
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Fuadi, Abdul Basid. "Politik Hukum Pengaturan Keserentakan Pemilu." Jurnal Konstitusi 18, no. 3 (February 15, 2022): 702. http://dx.doi.org/10.31078/jk18310.
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General elections in Indonesia have shifted a lot motivated by efforts to seek their ideal form. The last time, elections were held simultaneously by combining the five types of elections stipulated in Article 22E of the 1945 Constitution. The various complexities and challenges of the 2019 election should be evaluated. Elections basically have two main objectives, 1) to produce a government that represents every element in society; 2) create a government that is able to govern well. This paper discusses about the complexity and challenges of the 2019 simultaneous election and how the ideal election timing is designed. This research uses normative legal research methods (legal research) with two approaches: normative approach and conceptual approach. This study resulted, first, there were technical complications in the 2019 Concurrent Election, namely the workload of the organizers, especially the KPPS; a significant increase in the election budget; and voter confusion due to too many types of elections which implicated too many candidate lists. Second, the Constitutional Court has determined six electoral models as well as constitutional ones, and this can be considered as judicial law politics. Lawmakers must immediately act on the Constitutional Court's decision by amending the electoral law which adopts one of the simultaneous election models.
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Utama, Joel Dharma, Indra Perwira, and Ali Abdurrahman. "Judicial Review Analysis of the General Election Law Number 42 of 2008 and Implications for the 2019 Simultaneous Elections." Melayunesia Law 5, no. 2 (December 30, 2021): 196. http://dx.doi.org/10.30652/ml.v5i2.7817.
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The Constitutional Court (MK) is a high state institution in the Indonesian constitutional system that holds judicial power with the Supreme Court according to Law No. 4 of 2003 article 1. It executes independent judicial power for the administration of justice for law enforcement and equity. As stated by the 1945 Constitution, the Constitutional Court has the authority to adjudicate to examine laws toward the Constitution or, in other words, it functions as a guardian of the Constitution. General Elections are held once every five years to elect pairs of candidates for president/vice president and legislative members. Indonesia currently holds elections simultaneously between these two elections in one day, in contrast to the elections in previous years. One thing that catches the public's attention is that the holding of simultaneous elections in 2019 is felt to have not met their expectations. The origin of the simultaneous elections was caused by the number of activists and circles requesting the Constitutional Court to cancel the norm. The presidential and legislative elections were held separately. Then, the Constitutional Court decision Number 14/PUU-XI/2013 affirms that the legislative and presidential elections must be concurrent and interprets the elections held separately as Unconstitutional stated by the 1945 Constitution. Several Constitutional Court considerations were also given in line with various decision aspects, but the expectation of these considerations did not reach an upright and correct general election in 2019. Therefore, the author is interested in writing about the analysis of the Authority of the Constitutional Court in Judicial Review of General Election Implementation Materials and Implications for the 2019 Election.
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Wicitra, Made Widyarini Kusuma, Wijayanto Wijayanto, and Nunik Retno Herawati. "The Urgency of Establishing an Electoral Judicial Institution as an Effort to Strengthen the Electoral System in Indonesia." PERSPEKTIF 13, no. 2 (April 1, 2024): 346–55. http://dx.doi.org/10.31289/perspektif.v13i2.10699.
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Periodically, every five years, general elections are held as a form of democracy in Indonesia. During elections, political issues are often followed by controversies, conflicts, and disputes in local power competitions. These issues include cheating, money politics, and vote manipulation. The purpose of this study is to encourage the establishment of a permanent electoral court in the constitutional system and in the form of a state institution to handle any existing election results disputes, whether for the presidential election, legislative election, or regional election. To achieve the electoral justice system's legal certainty and utility principles. The research method was used qualitatively with a case study research design. The results indicate that the establishment of an election court institution is essential, considering elections are held regularly and periodically as part of people's sovereignty representation and efforts to establish a fair electoral system. An election court institution is necessary for Indonesian elections, tasked with handling every election dispute, thereby allowing the Constitutional Court to focus solely on testing laws against the 1945 Constitution. This journal concludes that an electoral justice institution needs to be established permanently, with competent judges and resources to handle every election-related case to realize an electoral justice system.
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Ningrum, Deva Mariana Isti, and Tukiman Tukiman. "ANALISIS PENGELOLAAN LOGISTIK PEMILU 2024 KPU PROVINSI JAWA TIMUR." Jurnal Progress Administrasi Publik 4, no. 1 (May 24, 2024): 99–105. http://dx.doi.org/10.37090/jpap.v4i1.1232.
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Indonesia is a democratic country that uses an electoral system for every change of president. High quality general elections are very important to realize people's sovereignty in a democratic state government based on Pancasila and the 1945 Constitution of the Republic of Indonesia. To hold democratic elections, professional election organizers are needed who have integrity, capacity and accountability. The General Election Commission is an example. In this research, the author uses a descriptive approach as a qualitative research method. Qualitative research is a type of research that describes and analyzes events, phenomena, social activities, attitudes, beliefs, perceptions and thoughts of individuals and groups. Data was collected from interviews with three informants from the General Election Commission, which is responsible for logistics management for the 2024 election. As shown by the distribution of logistics for the 2024 election, the results show that the East Java Province General Election Commission manages state property well, including logistics election. However, several improvements and strengthening are needed in the human resources sector as well as warehouse and other logistics infrastructure so that the upcoming General Election can take place optimally and according to planning. Our common goal is successful simultaneous elections in 2024 with transparent financial administration and accountability. Keywords: Management; Elections; KPU
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Susantri, Yulia. "Comparison Of Election Of Local Head Before And After Amendment To The 1945 Constitution." Syiah Kuala Law Journal 6, no. 1 (April 7, 2022): 27–39. http://dx.doi.org/10.24815/sklj.v6i1.26268.
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The election of local heads (KDH) is a democratic process that must be carried out to determine who will lead the regions and determine the management of the state in the regions so that the aspirations of the people are achieved. The history of the election of KDH from year to year, both before the amendment to the 1945 Constitution and after, is interesting to explore to find out the intent and purpose of the legislators. This type of research is a normative research that portrays law as a prescriptive discipline which only looks at the law from the point of view of its norms. The data that has been obtained will be analyzed in a normativequalitative manner, namely by interpreting and constructing statements contained in documents and laws and regulations. The results showed that prior to the amendment to the 1945 Constitution, the mechanism for regional head elections was not contained in the Constitution. The election method for KDH from 1974 followed the nuances of democracy at that time. In 1974 where Pancasila democracy was implemented, the appointment of KDH was the authority of the president together with the DPRD. At the beginning of the reform era, democracy was implemented making the KDH election mechanism the full authority of the DPRD due to the demands for reform to involve wider community participation in KDH elections. Starting in 2007 after the amendment to the 1945 Constitution, the election of KDH was carried out using a direct election mechanism by the people. Various new arrangements emerged in accordance with political and social developments such as the simultaneous election of KDH, individual candidates and single candidates in the implementation of KDH elections
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Sudrajat, Hendra. "Phenomenon of Constitutional Law Regarding the Authority of Deputy Local Leaders in Local Elections (Pilkada) Results." Jurnal Bina Praja 12, no. 2 (December 16, 2020): 261–72. http://dx.doi.org/10.21787/jbp.12.2020.261-272.
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Since the reformation era in 1998 through amendments to the 1945 Constitution, which began in 1999 to 2002, it has impacted Indonesia's state administration system's structure. The direct election system's opening in the election of the President and Vice President and the legislature to the local elections (Pilkada). Local elections (Pilkada) candidates are a package for local leaders, which fascinating to examine. In Article 18, paragraph (4) to the 1945 Constitution does not mention the Deputy local leaders, thus causing problems. When the Deputy local leaders authority is limited by the constitution, which has an impact on conflicts of authority between the local leaders and Deputy local leaders, which results in disrupted government services. This study aims to provide a solution to this phenomenon so that it finds two options, namely, first to retain the position of Deputy local leaders in the local elections with the complaint mechanism method and precise judgment of taxation, and secondly to be consistent with the state constitution, the local elections (Pilkada) is held without a Deputy local leaders candidate with his position replaced. by the local secretary.
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Sodikin, Sodikin. "PEMILIHAN KEPALA DAERAH DALAM KONTEKS UUD NRI TAHUN 1945." Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional 4, no. 1 (April 30, 2015): 43. http://dx.doi.org/10.33331/rechtsvinding.v4i1.47.
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Pemilihan kepala daerah merupakan salah satu proses politik yang dapat dikatakan proses yang sangat demokratis, sehingga pemilihan kepala daerah perlu terus diupayakan agar proses demokrasi itu menjadi bagian dalam sistem pemerintahan pada tingkat daerah. Pelaksanaan pemilihan kepala daerah setelah amandemen UUD 1945 dilakukan secara melalui pemilihan umum. Akan tetapi, pelaksanaannya menimbulkan permasalahan,terutama adalah konflik sosial secara horizontal di masyarakat dan juga kepala daerah yang dipilih tidak menghasilkan kepala daerah apa yang diidealkan dari pemilihan kepala daerah secara langsung. Dengan menggunakan metode deskriptif normatif dapat disimpulkan Pemilihan kepala daerah yang sekarang dilaksanakan secara langsung dan akan terus dilaksanakan secara langsung dan serentak, tidaklah sesuai dengan apa yang dikehendaki dalam Pasal 18 ayat (4) khususnya dan umumnya UUD NRI 1945. Penulis merekomendasikan agar pembentuk undang-undang (DPR dan Pemerintah) dalam membuat undang-undang untuk mengatur pemilihan kepala daerah disesuaikan dengan UUD NRI 1945, untuk menghindari kemungkinan diujimaterialkan ke Mahkamah Konstitusi. Hal ini termasuk undang-undang Pemilihan Kepala Daerah yang sekarang sudah diundangkan.<p>Local election for regional leaders is one of the political process that can be said to be a very democratic process, so that the local elections should be fostered so that it becomes part of the democratic process in the system of governance at the regional level. Implementation of local elections after the amendments of the 1945 Constitution is conducted through elections. However, its implementation has caused problems, particularly horizontally social conflict in the society and moreover the elected regional leaders are not what is idealized by the direct election of local leaders. By using descriptive- normative method, it can be concluded that the current implementation of local election for regional leaders which will be conducted directly and simultaneously, is not correspond with what the Article 18 paragraph (4) stipulates and generely with the 1945 Constitution. Therefore, legislators (House of Representatives and Government) in making laws- especially one that regulated the local elections for regional leaders, need to seek the conformity with the 1945 Constitution, to avoid the possibilty it being submitted to the Constitutional Court for judicial review. This includes the law on local election for regional leaders which has been enacted.</p>
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Mutawalli, Muhammad, and Zulhilmi Paidi. "Periodic Principles in General Elections: Orientation and Implications in Indonesia." Jurnal Penelitian Hukum De Jure 23, no. 3 (September 29, 2023): 357. http://dx.doi.org/10.30641/dejure.2023.v23.357-374.
Full textAbstract:
The general election is one part of the practice of democracy in Indonesia. In this case, the general election is a manifestation of people’s sovereignty. In general, the principles of elections include the principles of direct, general, free, confidential, honest, and fair. This study seeks to explore the legal construction related to the periodic principle of general elections which must be held periodically every five years to become a separate principle in elections. The issue of periodization in general elections really needs to be emphasized as one of the principles in general elections as the main basis for creating a cycle of replacement and filling of public positions in the state administration system. This research is a normative legal research with statutory and conceptual approaches. The results of the study confirm that the orientation of legal construction on the periodic principle has actually been expressly stated in the 1945 Constitution of the Republic of Indonesia and is based on a systematic interpretation. In this case, the orientation of the periodic aspect is part of the general election principle which is obligatory and must be implemented. This implies that the principles of general elections include the principles of direct, general, free, confidential, honest, and fair, and must be held periodically for five years. In this case, the periodic principle becomes very important to be recognized and explicitly stated in the general election law as a new principle in the technical implementation of general elections. this has implications for the implementation of elections that are inconsistent and tend to change in each implementation. Whereas in holding general elections, the periodic principle will uniformize the holding of elections simultaneously, both national elections and elections at the regional level by setting forth and affirming in the general election law that periodization is a technical principle in holding general elections in Indonesia.
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Jamaluddin, Jamaluddin, Ellydar Chaidir, and Efendi Ibnu Susilo. "Application of Open Proportional System in Post Amendment Legislative Elections Basic Law of the Republic of Indonesia Year 1945." Eduvest - Journal Of Universal Studies 1, no. 9 (September 20, 2021): 871–84. http://dx.doi.org/10.36418/edv.v1i9.207.
Full textAbstract:
This study aims to examine how the concept of the application of the Open Proportional System in the Legislative Elections After the Amendment to the 1945 Constitution of the Republic of Indonesia is applied. This study uses a normative juridical method based on primary and secondary legal materials. The form of the results of this research is descriptive analysis, where the results of the research provide an objective description of the concept of the application of the Open Proportional System in the Legislative Elections After the Amendment to the 1945 Constitution of the Republic of Indonesia. The approaches in this study are: statute approach, and conceptual approach. In tracing legal materials, the author uses the Research library, and uses qualitative analysis. The results show that the application of the open proportional system in the legislative elections after the amendment to the 1945 Constitution of the Republic of Indonesia varies, the 2004 election with a limited open proportional system using a BPP value of 100%, the 2009 and 2014 elections applying a pure open proportional system using the hare quota method and the 2019 election applying the system pure open proportional with sound conversion method using sainte lague system. The open proportional system is also able to present a variety of electoral winning parties.
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Jamaluddin, Jamaluddin, Ellydar Chaidir, and Efendi Ibnu Susilo. "Application of Open Proportional System in Post Amendment Legislative Elections Basic Law of the Republic of Indonesia Year 1945." Eduvest - Journal of Universal Studies 1, no. 9 (September 20, 2021): 871–84. http://dx.doi.org/10.59188/eduvest.v1i9.207.
Full textAbstract:
This study aims to examine how the concept of the application of the Open Proportional System in the Legislative Elections After the Amendment to the 1945 Constitution of the Republic of Indonesia is applied. This study uses a normative juridical method based on primary and secondary legal materials. The form of the results of this research is descriptive analysis, where the results of the research provide an objective description of the concept of the application of the Open Proportional System in the Legislative Elections After the Amendment to the 1945 Constitution of the Republic of Indonesia. The approaches in this study are: statute approach, and conceptual approach. In tracing legal materials, the author uses the Research library, and uses qualitative analysis. The results show that the application of the open proportional system in the legislative elections after the amendment to the 1945 Constitution of the Republic of Indonesia varies, the 2004 election with a limited open proportional system using a BPP value of 100%, the 2009 and 2014 elections applying a pure open proportional system using the hare quota method and the 2019 election applying the system pure open proportional with sound conversion method using sainte lague system. The open proportional system is also able to present a variety of electoral winning parties.
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Butler, Daniel M., and Matthew J. Butler. "Splitting the Difference? Causal Inference and Theories of Split-party Delegations." Political Analysis 14, no. 4 (2006): 439–55. http://dx.doi.org/10.1093/pan/mpj010.
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We provide an introduction to the regression discontinuity design (RDD) and use the technique to evaluate models of sequential Senate elections predicting that the winning party for one Senate seat will receive fewer votes in the next election for the other seat. Using data on U.S. Senate elections from 1946 to 2004, we find strong evidence that the outcomes of the elections for the two Senate seats are independent.
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Marhaen, Delpedro. "Penundaan Pemilihan Umum Menurut Sistem Hukum Indonesia." Jurnal Lex Renaissance 7, no. 4 (October 1, 2022): 786–802. http://dx.doi.org/10.20885/jlr.vol7.iss4.art7.
Full textAbstract:
The postponement of the 2024 General Elections, which was initiated by certain political elites some time ago, has received a negative response from the public through various protests. In fact, the issue of postponing the election has become a trending topic in the mass media and social media because apart from being considered undemocratic, it is also suspected that it does not have a strong legal basis, clear and unreasonable reasons as a condition for postponing an election. Based on these problems, this study examines whether postponing elections is possible in the Indonesian legal system? This is a normative juridical research with a statutory approach that examines legal materials of the 1945 Constitution of the Republic of Indonesia and Law no. 7 of 2017 on General Elections as amended by Government Regulation in lieu of the Law (Perpu) No. 1 of 2022. The results of this study indicate that the postponement of elections cannot be justified in the Indonesian legal system since the 1945 Constitution does not regulate the postponement of elections so that the postponement of the elections for 2024 which was rolled out by the political elite recently has no strong legal reasons and is not justified in the legal system Indonesia.
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Chakim, M. Lutfi. "PERUBAHAN SISTEM PEMILIHAN KEPALA DAERAH DALAM DINAMIKA PELAKSANAAN DEMOKRASI." Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional 3, no. 1 (April 30, 2014): 113. http://dx.doi.org/10.33331/rechtsvinding.v3i1.60.
Full textAbstract:
Pemilihan kepala daerah (pilkada) secara langsung adalah suatu mekanisme yang berfungsi sebagai pelaksanaan demokrasi. Namun, dalam perjalanannya muncul ketidakpuasan berbagai pihak untuk tidak lagi menggunakan sistem pemilihan gubernur secara langsung. Hal itulah yang menjadi dasar bagi Pemerintah untuk mengusulkan sistem pemilihan gubernur oleh Dewan Perwakilan Rakyat Daerah (DPRD) melalui Rancangan Undang-undang tentang Pemilihan Kepala Daerah (RUU Pilkada). Usulan perubahan sistem tersebut merupakan topik yang sangat serius, karena berpotensi mengingkari kedaulatan rakyat yang dijamin dalam UUD 1945. Dengan menggunakan metode penelitian yuridis normatif, dapat disimpulkan bahwa, pertama , pemilihan secara langsung merupakan satu-satunya cara yang paling efektif untuk memaknai frasa ”dipilih secara demokratis” sebagaimana dimuat dalam Pasal 18 ayat (4) UUD 1945. Kedua , sejarah pemilihan kepala daerah ditandai dengan diberlakukannya berbagai peraturan perundang-undangan terkait dengan pemerintahan daerah mulai sejak masa kolonial hingga reformasi. Ketiga , sistem pemilihan gubernur secara perwakilan oleh DPRD merupakan kemunduran bagi demokrasi. Oleh karena itu, pemerintah perlu mengambil pelajaran dari sejarah sistem pemilihan kepala daerah. Setelah itu, diharapkan pemerintah dapat meninjau kembali kebijakannya tentang sistem pemilihan kepala daerah oleh DPRD yang tertuang dalam RUU Pilkada.<p>Local government election directly is a mechanism of democracy implementation. However, it doesn’t work as expectation while disappointing parties urge to not use governor election system directly anymore. That’s the basis for the Government to propose Governor election system by House of representatives through Draft Law About the local government elections. The proposal to change the system of the local government elections is a very serious topic, because it has to deny the sovereignty of the people in the Republic of Indonesia’s 1945 Constitution potentially. Using normative legal research method approach, it could be concluded that, first, government election directly is the most effective way to interpretate the phrase ”democratically elected” as mentioned in article 18 verse (4) of the Republic of Indonesia’s 1945 Constitution. Second, the history of local government elections marked by the enactment of various regulations on Local Government since the colonial era to the reform. Third, the Governor election system by House of representatives is a setback for democracy. Therefore, the Government needs to learn from the history of local government election. After all, the government expected to review its policy about local government election system by House of representatives in draft Law About the local government elections.</p>