Sospol : Jurnal Sosial Politik
Vol. 5 No. 2 (2019): Juli-Desember

Organizing Democracy through General Elections in Indonesia: The Challenge of Law Enforcement and State Stability

Ridwan Arifin (Faculty of Law, Universitas Negeri Semarang (UNNES))
Saktiani Nurul Hidayat (Faculty of Law, Universitas Negeri Semarang (UNNES))



Article Info

Publish Date
27 Dec 2019

Abstract

One of the developments in Indonesia's political democracy is marked by the existence of legal framework that state sovereignty belongs to the people and is carried out in accordance with the 1945 Constitution. On the basis of the formulation of leadership succession in the executive and legislative branches it is mandated by Article 22 E paragraph (2). However, in practice the constitutional arrangement in Law Number 42 of 2008 concerning the General Election of the President and Vice President shows that it is inconsistent with statements in the constitution. As stipulated in Article 3 paragraph (5) states that the election of the President and Vice President is held after the election of the DPR, DPD and DPRD. At the end of the Constitutional Court through Decree No. 14/PUU-XI/2013 states that the selection of models is unconstitutional. Based on this assessment the constitutionality of the norm selection method is based on the simultaneous interpretation of the constitution both from the initial intentions and historical interpretations. The simultaneous constitutional electoral plan was called born as an effort to shift the direction of the transition to democracy in a strengthening system so that democratic consolidation of direct democratic practices tends to be transactional, corrupt, manipulative, high cost and to preserve power can be minimized in the practice of constitutional democratic dimensions to understand and sovereign.

Copyrights © 2019






Journal Info

Abbrev

sospol

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Social and Political Research Center (PKSP), Faculty of Social and Political Sciences, Universitas Muhammadiyah Malang proudly presents Journal Sospol (Sospol: Jurnal Sosial Politik). Journal Sospol cordially invites researchers, academicians, and experts to submit research on sociology, ...