Jurnal Adhyasta Pemilu
Jurnal Adhyasta Pemilu (JAP) adalah jurnal dengan akses terbuka dan peer-review. Tujuan utama kami adalah untuk menyebarluaskan artikel terkini dan asli dari para peneliti dan praktisi tentang berbagai masalah politik dan hukum dalam pemilu yang antara lain mencakup, demokrasi dan pemilihan umum; politik lokal; hukum pemilu; sengketa pemilu; pengawasan pemilu; penyelenggara pemilu dan peserta pemilu, pembiayaan pemilu, manajeman pemilu dan isu-isu lainnya yang berkaitan dengan pemilu.
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Mengembalikan Tahapan Uji Publik Pada Pilkada: Gagasan Memperluas Ruang Publik Yang Deliberatif
Marliana Eka Fauzia
Jurnal Adhyasta Pemilu Vol. 3 No. 2 (2020): Jurnal Adhyasta Pemilu
Publisher : Badan Pengawas Pemilihan Umum
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DOI: 10.55108/jap.v3i2.14
The writing of this article is intended to evaluate the urgency of revising the Pilkada Law, on eliminating public examination points. The DPR removed public test points in the revision of the Election Law No. 1 of 2015, and was replaced by the Election Law No. 8 of 2015. Until the current election law No. 10 of 2016 there has been no re-discussion regarding the stages of public testing. The public test is a stage of competency and integrity testing for candidates for regional head and representative in an open manner which is independently formed by the Provincial / Regency / City KPU. Public test points were removed on the grounds that they were inefficient and time consuming. Based on this, the authors identify that the elimination of public testing can limit public participation in deliberative public spaces. And if the public test is returned at the election stage, it can improve the quality of democracy. As a theoretical review in this article the writer uses the concept of public space. While the research method uses qualitative through literature study. The results of this paper indicate that it is important to maintain a public test mechanism to restore the public space for the implementation of the elections. The existence of this public space ensures that there is space for public participation, the public can find out the track record of the candidates, build communication between candidates and voters and that public trials can be used as a deliberative campaign. Therefore, the public test can be returned to the election mechanism by adding a committee from various elements of society (farmers, laborers, entrepreneurs, village heads, educators, students and other elements of civil society). So that the public test becomes the preliminary election before the election day takes place.
Dinamika Penanganan Pelanggaran Administrasi: Studi Terhadap Kepatuhan Putusan Dan Rekomendasi Bawaslu Terkait Pelanggaran Administrasi Pemilu/Pilkada
Supriyadi Supriyadi;
Widyatmi Anandy
Jurnal Adhyasta Pemilu Vol. 3 No. 2 (2020): Jurnal Adhyasta Pemilu
Publisher : Badan Pengawas Pemilihan Umum
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DOI: 10.55108/jap.v3i2.15
Bawaslu is an institution that is given the authority to resolve election / election administration violations. The nature of Bawaslu's decisions and recommendations for administrative violations must be followed up by the KPU and its officials, this is confirmed in the provisions of Article 462 of Law No. the administration issued by Bawaslu is not obeyed by the institution implementing the decision / recommendation. Identification of problems: first, what is the nature of mandatory norms in the provisions of the Election / Pilkada Law? Related to follow-up on decisions / recommendations of Bawaslu Administrative Violations? Second, how is the Compliance with the Decision / Recommendation of Administrative Violation of Bawaslu? Third, what factors influence compliance with Bawaslu Administrative Violation Decisions / Recommendations? This research is a normative juridical study with a focus on analyzing decisions / recommendations for administrative violations of Bawaslu. in this study using a statutory approach, a case approach, and a conceptual approach. The data sources used are primary, secondary and tertiary data. The research results and conclusions. First, the "mandatory" norm in the construction of Article 462 of the Election Law and Article 139 paragraph (2) of the Election Law is imperative (order / force). Second, the KPU institutionally still has an attitude of indifference
Kerangka Evaluasi Pilkada : Evaluasi Pilkada Serentak Melalui Kerangka Integritas Pemilu
Rafif Pamenang Imawan
Jurnal Adhyasta Pemilu Vol. 3 No. 2 (2020): Jurnal Adhyasta Pemilu
Publisher : Badan Pengawas Pemilihan Umum
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DOI: 10.55108/jap.v3i2.16
The implementation of simultaneous local elections has been carried out since the 2015 elections. The purpose of the simultaneous local elections is to encourage the formation of strong government. This is based on the assumption that voters will elect their representatives in the executive and legislative branches at once. It is expected that this election design will encourage consolidation between the two representative rooms. Strong consolidation will encourage effective governance and policy making processes. This paper would like to provide an evaluation framework for the simultaneous election implementation from the electoral integrity dimension. It is important to consider the aspect of electoral integrity since the regulated procedures need to be connected with substantial justice in the election. The absence of the consideration of this aspect will lead to the problems of political dynasty, money politics, and violence threat in the implementation of election. This paper attempts to create a framework for evaluating simultaneous regional elections by using the concept of electoral integrity. Elaboration is made on the conception of electoral integrity with adjustments to local political problems in Indonesia. The data in this paper are sourced from journals, reports, and analysis related to the evaluation of simultaneous local elections. This paper shows that there are two important elements which need to be included from the global indicator in relation with electoral integrity, namely: the community participation and money politics, in order to review and evaluate the local election. The contribution of this paper is enriching studies related to the evaluation of elections at the local level, where the dominance of studies in local elections is on issues such as money politics, political dynasties, to the neutrality of ASN. Many of these local political problems have not been framed in a single election evaluation frame. This paper attempts to frame the dynamics of local politics with an evaluative framework adapted from the concept of elections with integrity contextualized to the dynamics of local elections.
Urgensi Realisasi Badan Peradilan Pilkada Untuk Menciptakan Sistem Penyelesaian Sengketa Hasil Pilkada Yang Efektif dan Konstitusional
Rama Halim Nur Azmi
Jurnal Adhyasta Pemilu Vol. 3 No. 2 (2020): Jurnal Adhyasta Pemilu
Publisher : Badan Pengawas Pemilihan Umum
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DOI: 10.55108/jap.v3i2.17
Election of regional heads (pilkada) simultaneously is one of the democratic parties in the regional autonomy regime that has been going on since 2015. In the implementation of the elections there is certainly the possibility of disputes over the results of the elections. During this time the dispute resolution over the results of the elections carried out by the Constitutional Court. From 2008 to 2019, 982 disputes over the results of the elections were handled by the Constitutional Court. However, based on Decision of the Constitutional Court No. 97/PUU-XI/2013 stated that the addition of the authority of the Constitutional Court to adjudicate disputes over the results of local elections is an unconstitutional act. Then in Law No. 8 of 2015 concerning Pemilukada in Article 157 stipulates that the resolution of disputes over the results of the elections will be carried out by a special judicial body. In the law stated that the special judicial body was formed before the simultaneous election. Until now the special judicial body has never been realized even though the simultaneous local election has been rolling for 5 years. In this paper, we will discuss the urgency of establishing a special judiciary as an institution for the resolution of regional election disputes as determined by the Constitutional Court and the General Election Law. The method used in this study is the juridical method normative with the statutory approach and conceptual approach.
Gender and Development (GAD): Keterpilihan Perempuan dalam Pilkada Serentak 2015, 2017 dan 2018 di Provinsi Jawa Timur
Susi Dian Rahayu;
Chairunnisa Chairunnisa
Jurnal Adhyasta Pemilu Vol. 1 No. 2 (2018): Jurnal Adhyasta Pemilu
Publisher : Badan Pengawas Pemilihan Umum
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DOI: 10.55108/jap.v1i2.18
The changes of the local government management system after the New Order regime from centralistic to decentralized provide significant changes to the region in Indonesia. Since that time, the region can determine its own affairs and needs, including the regional head. Direct regional head election (local election) is a product of decentralization. Through direct elections, the people have the right to determine their regional heads. In addition, direct elections also opened up opportunities for female candidates to compete in the elections, not a few of them won the contest. In the aftermath of the 2018 Local election, East Java Province has ten female regional heads spread in 38 regency/city, and is the only Province in Indonesia which is currently headed by a female governor. This paper analyzes the electability of women in the localelections in 2015, 2017 and 2018 in East Java as an implementation of the Gender and Development (GAD) concept. In addition, the analysis used in assessing women’s electability in the local election in East Java Province uses four indicators, namely the basis of electability, the pattern of recruitment, regeneration of political party and also bonding with the community (grassroots).
Party-Id dan Tendensi Politik Uang di Provinsi Bali: Studi Kasus Pilkada Bali Tahun 2018
Kadek Dwita Apriani;
Irhamna Irhamna
Jurnal Adhyasta Pemilu Vol. 3 No. 1 (2020): Jurnal Adhyasta Pemilu
Publisher : Badan Pengawas Pemilihan Umum
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DOI: 10.55108/jap.v3i1.19
The symptoms of weakening party-identification (party-id) has been a major phenomenon in Regional Elections in Indonesia. Through the electoral politics perspectives, the weakening of party-id has been identified as one of the factors which contributed to the increasing rate of vote buying at the grassroots level. In other words, the stronger the party-id, the lower the tendency of vote buying. This hypothesis was being tested in Bali, a province hat have the highest percentage of voters with party-id in Indonesia. This study used quantitative methods through surveys to 1080 respondents which proportionally spread across all districts in Bali, conducted in May 2018. The study suggests there is a signifiant correlation between party-id and vote buying tendency. Voters with higher party-id are having the higher chances in accepting vote buying.
Pengaruh Calon Kepala Daerah Perempuan dalam Pilkada: Studi Pilkada Lampung 2015-2018
M. Iwan Satriawan
Jurnal Adhyasta Pemilu Vol. 1 No. 2 (2018): Jurnal Adhyasta Pemilu
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DOI: 10.55108/jap.v1i2.20
The aims of this article is to examine the phenomenon of many female regional head as the result of the 2015-2018 election in Lampung Province.Starting from the 2015 election where one regional head and one vice regional head appeared. Then continued in 2017 and 2018, two regional heads and one vice regional head appeared. The method of this research is descriptive qualitative using secondary data from literature studies. The result obtained are the influence of the presence of women candidates in winning regional head elections in Lampung both for regents and governors. Whereas the customs of Lampung society are known as patriarchal where they hold firmly to the existence of men as the main ones in the family, especially in terms of in heritance, customary obligation etc. In contrast with the province of west Sumatera which has matrilineal culture. It means women are the main ones both in the heritance system, customs and others. However, starting from the first regional head election in 2005 to simultaneous local elections in 2018, none has resulted female regional head or their representatives at the district or provincial level. This phenomenon shows the absence of indigenous influences in the head elections, especially in Lampung Province.
Pilkada Paslon Tunggal, Kinerja Partai Politik, dan Masa Depan Demokrasi di Indonesia
Arif Budiman
Jurnal Adhyasta Pemilu Vol. 1 No. 2 (2018): Jurnal Adhyasta Pemilu
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DOI: 10.55108/jap.v1i2.21
The number of single contestant within three occasion times of local election is continously rising. Besides, political parties are eligible to set the competition involving more than one contestant. This leads political parties performance comes into questions. Since many political scientists believed that quality of democracy depends on the degree of political parties’ performance, there have been inquires on how fine Indonesian democracy will be in the future. Through qualitative approach, descriptive methods, and literature review of collecting data technique, this research concludes that the rise of single contestants has negative impact on the political parties’ image and performance. Furthermore, while the quality of democracy is influenced by the political parties’ performance, the decrease on their image and performance consequently leads Indonesian democracy into negative path. Political parties-backed single contestant is conclusively a threat to the future of Indonesian democracy.
Sentra Penegakan Hukum Terpadu dalam Konsep Sistem Peradilan Pidana Pemilu
Handoko Alfiantoro
Jurnal Adhyasta Pemilu Vol. 1 No. 2 (2018): Jurnal Adhyasta Pemilu
Publisher : Badan Pengawas Pemilihan Umum
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DOI: 10.55108/jap.v1i2.22
The Center of Integrated Law Enforcement which is known as the “Sentra Gakkumdu” is a concrete manifestation of escort and supervision of the implementation of the General Election. The handling of alleged election crime violations has different work procedures, procedural law, and time limits, so that a one-stop handling pattern is established through Sentra Gakkumdu, which consists of elements of the Election Supervisory Body (Bawaslu), the Indonesian National Police and the Indonesian Attorney’s Office. Based on the different handling patterns in the Gakkumdu Center, it should be included in a stronger legal basis through special legislation regarding the Election Criminal Justice System, which regulates formal law and material law, and regulates the expansion of the Integrated Criminal Justice System consists of components of Sentra Gakkumdu, components of the Judiciary Institution, and components of the Penal Institution. This aims to accelerate the interconnection between individuals and institutions in the handling of alleged election crime violations in a more comprehensive manner. This article is prepared using normative juridical research methods through the Statute Approach, Comparative Approach,and Conceptual Approach, which aims to critically examine the work patterns of the Sentra Gakkumdu as a way to the Concept of the Election Criminal Justice System.
Pelindungan Hak Pilih Penyandang Disabilitas Mental dalam Pendekatan Rangkaian Proses Pasca Putusan Mahkamah Konstitusi Nomor 135/PUU-VIII/2015
Fajri Nursyamsi;
Muhammad Nur Ramadhan
Jurnal Adhyasta Pemilu Vol. 3 No. 1 (2020): Jurnal Adhyasta Pemilu
Publisher : Badan Pengawas Pemilihan Umum
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DOI: 10.55108/jap.v3i1.25
The Constitutional Court Decision Number 135 / PUU-XIII / 2015 stated that the requirement for "not being mentally / memory disturbed" to be registered as a voter in Law Number 8 of 2015 is unconstitutional. The decision opens a new perspective on the protection of suffrage for persons with mental disabilities, and acknowledges that mental / memory impairment conditions are not the same between one person and another. The decision is in accordance with the development of thoughts on the legal capacity of persons with disabilities using a continuum approach, which recognizing that everyone is a legal subject, but practically it is necessary to look at the person's ability to exercise their rights, especially in decision making. The Constitutional Court decision has been applied in various regulations related to elections, which cannot be separated from the efforts of disabled people organizations to implement it. However, the changes are still at the administrative level, have not resulted in a change in perspective on the recognition of the legal capacity of persons with mental disabilities. In practice, there are still cases of persons with mental disabilities who were not registered as voters so that they are forced to be unable to exercise their voting rights. Based on this explanation, it is important to analyze how the legal capacity approach for persons with mental disabilities is used in the Constitutional Court decisions Number 135 / PUU-XIII / 2015, and how this approach should be applied to ensure the protection of the suffrage rights of persons with disabilities. This legal research was conducted using a qualitative approach, using primary sources of law in the form of statutory regulations and other forms of policy, as well as secondary sources of law in the form of literature and other valid and relevant information. This study presents a discussion of the suffrage rights of persons with mental disabilities using a continuum approach that has not been discussed in previous studies, so that it is expected to be able to sharpen the implementation.