Jurnal IUS (Kajian Hukum dan Keadilan)
Vol 2, No 6 (2014): PLURALISME HUKUM

MEASURING THE DEMOCRATIZATION DEGREE ACCORDING TO LAW NUMBER 42 OF 2008 CONCERNING GENERAL ELECTION OF THE PRESIDENT AND VICE PRESIDENT

Putra Wijaya, I Dewa Made (Unknown)



Article Info

Publish Date
19 Dec 2014

Abstract

This research aims to study the consistency of the Act No 42 of 2008 concerning the generalelection on president and vice president related to the principles of democracy as stipulated inthe constitution of Indonesian republic of 1945. This research uses statutory and conceptualapproaches. The object of the research is the policy of the general election on president and vicepresident. While the subject of it are the parliament and government as legislator. The legalmaterial of the research consists of regulations, books, papers and other supporting literaturewhich will be analyzed through normative-deductive approach. The research discovers that ,firstly the preamble and its main content of the constitution of Indonesian republic of 1945 haveshown the people sovereignty , democratic principle and recognition of human rights; secondly the Act No 42 of 2008 which become the implementing rules of the general election on president and vice president is less consistent to the spirit of the constitution of Indonesian republic of 1945. The policies of the presidential threshold dan the implementation mechanism of the phased general election have reduced the democratic principles on freedom, equality, justice and accountability.Keywords: democratic principles, the general election on president and vice president

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Journal Info

Abbrev

IUS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal IUS established December 2012, is an institution that focuses on journal development for post graduate students and all law activists in general and specialised topics. Journal IUS publishes three times a year and articles are based on research with specific themes. Jurnal IUS was founded ...