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All Journal Jurnal Penelitian Hukum De Jure Jurnal Mengkaji Indonesia
Muhammad Mutawalli
Universitas Islam Negeri Alauddin Makassar
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Prinsip Periodik dalam Pemilihan Umum: Orientasi dan Implikasinya di Indonesia Muhammad Mutawalli; Zulhilmi Paidi
Jurnal Penelitian Hukum De Jure Vol 23, No 3 (2023): September Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.357-374

Abstract

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.
Revitalizing Political Parties in Indonesia: Dissecting Patronage-Clientelism Dynamics vis-à-vis Political Representation Muhammad Mutawalli; Zainal Amin Ayub; Hemen Philip Faga
Jurnal Mengkaji Indonesia Vol. 2 No. 2 (2023): December
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v2i2.467

Abstract

Abstract: This paper discusses and describes the patron-client phenomenon within political parties. One of the reasons why patron-client relations persist in political parties is that the interests of the political elite are veiled and do not prioritize the dynamic aspects of democratization of political parties as a forum for people's representation. The method used in this study is a normative juridical research method using a statutory and conceptual approach and presented in a formal way qualitative descriptive prescriptive. Data was collected using the interview method, the researcher interacted with informants who were flexible and open to obtain the data needed in this paper. The theory used in this paper is the general patron-client theory, which has developed and is influenced by the political culture within the internal political parties. The results of this study indicate that the patron-client relationship between political parties and cadres is good in the aspects of party elites and candidates legislature. Regional head candidates that occur give rise to a reciprocal relationship which has implications for the non-occurrence of democratization schemes and principles within political parties as a forum for people's representation that will fill public positions. The patron-client phenomenon includes, among other things, personal gifts, interests that are family interest or morphological and have the nuances of money interest. Purpose: To find out the forms of patron-client practices within political parties and society that give rise to reciprocal relationships that impact political polarization of representation that does not work well and is far from the principle of political party cadres as a representation of the people's will. as well as finding ideal concepts related to patterns of relations between parties, both relations between cadres, political parties and society in general. Design/Methodology/Approach: Normative juridical using the statute and conceptual approaches. Findings: The patron-client phenomenon can be caused by a lack of awareness and political education, as well as inconsistency and inadequate performance within political parties, both at the institutional level and among members of the legislature and executive. Originality/Value: Examining patronage-clientalism within the context of political parties has received limited scholarly attention. The topic of voting behaviour during general elections often revolves around patronage-clientelism. However, this study specifically examines the phenomenon of patronage-clientelism within political parties and its implications for political corruption.
Co-Authors Hemen Philip Faga Zainal Amin Ayub Zulhilmi Paidi