Mimbar Keadilan
Vol 15 No 1 (2022): Februari 2022

KONTROVERSI SISTEM PEMILIHAN PRESIDEN SECARA LANGSUNG DAN TIDAK LANGSUNG DITINJAU DARI SILA KE EMPAT PANCASILA

Saleh, Asri Muhammad (Unknown)
Shaleh, Ali Ismali (Unknown)
Adyatma, Ilham (Unknown)



Article Info

Publish Date
16 Feb 2022

Abstract

Democracy is a spirit that reflects that the people hold the highest authority in a country. Indonesia has implemented two Presidential Election systems, namely indirectly and directly (after the Reformation period). However, the phenomenon that is happening right now, the direct election of the President and Vice-President has turned out to be polemic because many parties consider it to conflict with the fourth precepts of the Pancasila. The fourth precepts value of Pancasila is interpreted as an implementation of the Presidential Election system which must be represented through the MPR institution. Related to the problem above the problem to be answered is the controversy over the presidential election system directly and indirectly in terms of the four precepts of the Pancasila. The problem was answered using the method normative legal research and analyzed qualitatively by describing, then comparing data with statutory provisions and the opinions of constitutional law experts. In this study, it was concluded that there was no contradiction between the Pancasila and the 1945 Constitution in the implementation of the Presidential election system implemented in Indonesia, both the direct and indirect presidential election system. Every democratic process based on the principle of people's sovereignty is carried out through consensus and agreement through a constitutional system based on Pancasila values. This happened in the direct Presidential election system which is the desire of the people conveyed to their representatives in the DPR.

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Journal Info

Abbrev

mimbarkeadilan

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Mimbar Keadilan is published by the Law Faculty Laboratory of Law Faculty, University of August 17, 1945, Surabaya. First published in 1996 and up to now there are as many as two editions per year. This journal gives readers access to download journal entries in pdf file format. Mimbar Keadilan is ...