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Paisal Abdi
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Problematika Sistem Proporsional Terbuka Pada Pemilihan Dewan Perwakilan Rakyat Republik Indonesia (Studi Putusan Mahkamah Konstitusi Nomor 114/PUU-XX/2022) Rosmini; Paisal Abdi; IhsanTajali Nur
Jurnal Ilmu Hukum Vol 1 No 1 (2024): September
Publisher : CV Putra Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58540/jih.v1i1.585

Abstract

The open proportional system used in the Election of the People's Representative Council of the Republic of Indonesia has been the subject of various controversies and debates. This study aims to analyze the problems arising from the implementation of this system, with a focus on the Constitutional Court Decision Number 114/PUU-XX/2022. This research uses a juridical-normative approach, reviewing statutory regulations, court decisions and relevant literature. The research results show that an open proportional system provides greater opportunities for voters to choose candidates directly, but also raises various problems, such as increasing campaign costs, increasingly sharp internal party competition, and the potential for money politics. Constitutional Court Decision Number 114/PUU-XX/2022 provides important legal views regarding the constitutional aspects of this system, but does not fully address the existing problems. This research concludes that although open proportional systems have advantages in increasing political representation and voter participation, further reforms are needed to overcome the problems that arise. The recommendations put forward include strengthening campaign regulations, increasing supervision of money politics, and improving internal party mechanisms to reduce friction. In this way, the electoral system can run more effectively and reflect people's aspirations more accurately.
Studi Putusan Mahkamah Konstitusi Nomor 114/PUU-XX/2022 Terhadap Eksistensi Sistem Proporsional Terbuka Sebagai Identitas Demokrasi Di Indonesia Paisal Abdi; Insan Tajali Nur; Rosmini
Jurnal Ilmu Hukum Vol 1 No 1 (2024): September
Publisher : CV Putra Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58540/jih.v1i1.619

Abstract

This research was carried out in order to conduct an assessment of the Constitutional Court decision number 114/PUU-XX/2022 regarding the existence of an open proportional system as the identity of democracy in Indonesia. As is known, the decision rejected the review of several articles in the law relating to the open proportional system ( Law Number 7 of 2017 concerning General Elections) so the implication is that the open proportional system is still used as a mechanism for the general election system in Indonesia. As well as looking from another perspective regarding the advantages and disadvantages of the proportional system itself, the history of the application of open and closed proportional systems in Indonesia in the implementation of general elections, why the open proportional system was stated by constitutional judges as the ideal system to be implemented in Indonesia, and seeing how consistent the judges are constitution in deciding cases related to the open proportional system by comparing several constitutional court decisions related to the open proportional system. The author uses a doctrinal (normative juridical) approach. Research carries out analysis and research based on expert opinions and related theories in conducting discussions. Thus creating a correlation which thus sees the conclusion drawn by the constitutional judges that the open proportional system is the ideal system to be applied in general elections in Indonesia and that the existence of the open proportional system as a system in general elections in Indonesia is increasingly strengthened.