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INDONESIA
Jurnal Konstitusi dan Demokrasi
  • publication:jurnalkonsdem
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Published by Universitas Indonesia
ISSN : -     EISSN : 28089715     DOI : 10.7454/JKD
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Konstitusi dan Demokrasi adalah Jurnal Ilmiah di bidang Hukum Tata Negara yang terbit sebanyak satu kali setiap tahunnya pada bulan Oktober. Jurnal Konstitusi dan Demokrasi diterbitkan oleh Bidang Studi Hukum Tata Negara Fakultas Hukum Universitas Indonesia. Jurnal ini berisi tulisan hasil penelitian dan pemikiran di bidang hukum tata negara serta isu yang mencakup pemilihan umum, hak asasi manusia, kekuasaan kehakiman, lembaga perwakilan rakyat, dan isu hukum tata negara lainnya.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 3, No. 1" : 5 Documents clear
Pengembalian Fungsi Pengawasan Pemilu Kepada Masyarakat Sebagai Wujud Penyelenggaraan Pemilu Yang Demokratis Dinaka, Burhan Robith; Arsil, Fitra
Jurnal Konstitusi & Demokrasi Vol. 3, No. 1
Publisher : UI Scholars Hub

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Abstract

Elections as a means of implementing people's sovereignty which are held directly, publicly, freely, confidentially, honestly and fairly within the territory of the Unitary State of the Republic of Indonesia which are based on Pancasila and the 1945 Constitution of the Republic of Indonesia also mandate a model of election supervision through Bawaslu as the election organizing institution whose task is to observe, review, inspect and assess the election implementation process so that it runs in accordance with the provisions of applicable laws and regulations. The ongoing strengthening of positions, duties, functions and authority within Bawaslu has left a number of problems. On the other hand, active involvement in the role of the community as owners of sovereignty is also an inseparable part in the realization of holding democratic elections. This research aims to examine the urgency and model of election supervision carried out by the community. In studying this problem, this research uses qualitative research methods with research results in the form of prescriptive normative analysis. In this research, it was concluded that massive civil society participation in overseeing elections must continue to be pursued. One of them is by providing guarantees of the availability of funds obtained by each election monitoring actor to carry out their duties and functions as election observers. Meanwhile, Bawaslu can focus on enforcing election law. Burhan Robith Dinaka, University of Indonesia Fitra Arsil, University of Indonesia Keywords: electoral justice, electoral monitoring, electoral observation
Pendewasaan Demokrasi Melalui Upaya Revitalisasi Lembaga Yudikatif Dalam Pembentukan Badan Peradilan Khusus Pemilihan Kepala Daerah Haq, Zul Amirul
Jurnal Konstitusi & Demokrasi Vol. 3, No. 1
Publisher : UI Scholars Hub

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Abstract

General elections for regional heads are one of the democratic parties that involve the community directly to elect their leaders. Regional head general election is a political event to determine who the Governor, Mayor and Regent will lead the area. So that in its implementation it is inseparable from various kinds of legal issues which result in a political dispute that must be resolved properly and correctly. The settlement of election disputes, which so far is still gray in nature, will give rise to prolonged ambiguity. So that an effort is needed to revitalize the judiciary as a special judiciary body for regional elections as a manifestation of the country's seriousness in strengthening democracy
Problematika Kewenangan Penyelesaian Sengketa Pilkada: Antara Kepastian Hukum Dan Inkonsistensi Sari, Winda
Jurnal Konstitusi & Demokrasi Vol. 3, No. 1
Publisher : UI Scholars Hub

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Abstract

This article examines two main issues. First, the position of regional head elections (pilkada) in the general election regime. Second, the ideal institution in handling disputes over election results. The research method used is doctrinal, with statutory and conceptual approaches. The results of the study show that the implementation of regional elections is based on the provisions of the 1945 Constitution of the Republic of Indonesia and Law Number 1 of 2015. By reason of its presence as a manifestation of popular sovereignty; periodic elections; the use of direct, general, free, confidential, honest and fair principles in practice; minutes of the Ad hoc session of the formation of Article 18 of the Constitution; and the organizer of the elections is the general election commission, the elections are part of the electoral regime. Thus, despite the inconsistency in interpreting the election regime, the Constitutional Court (MK) is the ideal institution to resolve disputes over election results. Due to two main reasons, namely the constitution mandates the examination of disputes over election results to the Constitutional Court and in terms of practice, from 2008 to 2022 the Constitutional Court can consistently decide disputes over election results.
Menggagas Pembatasan Dipilihnya Kembali DPR, DPD, Dan DPRD di Indonesia Fitriyani, Desi
Jurnal Konstitusi & Demokrasi Vol. 3, No. 1
Publisher : UI Scholars Hub

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Abstract

The term of office of the DPR, DPD, and DPRD has not been limited to the possibility of re-election. This means that those who have served have the opportunity to continue to serve for life as long as they are re-elected through elections. This tenure arrangement has also been brought to the Constitutional Court several times because it is considered contrary to the constitutional rights of citizens. However, it has never been granted by the Constitutional Court. The purpose of this research is to find an ideal idea related to the limitation of the possibility of re-election of members of the DPR, DPD, and DPRD in Indonesia. The type of research used is doctrinal legal research. The results show that the limitation of the possibility of re-election of members of the DPR, DPD, and DPRD has its own advantages and disadvantages. For this reason, it is necessary to limit the possibility of re-election relatively, namely 2 (two) consecutive terms of office but not too strict by opening up opportunities to re-serve as long as they have passed a 5 (five) year gap. This is to reduce the potential for abuse of power and to provide opportunities for citizens to be elected and to vote.
Sistem Penyederhanaan Kepartaian Dalam Konstitusi Negara-Negara Presidensial Multipartai Dan Pengalaman di Indonesia Tri Lestari, Shinta
Jurnal Konstitusi & Demokrasi Vol. 3, No. 1
Publisher : UI Scholars Hub

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Abstract

This article is to find out the arrangement of political parties in the constitution of several multi-party presidential countries which lead to simplification of the party system to be compared with the simplification of the party system in Indonesia based on experience and design based on four classifications of party simplification related to the electoral system, parliamentary thresholds, coalitions. and the dissolution of political parties. By using normative juridical research methods through secondary data, 79 countries with a presidential system of government were found, 20 of which were multi-party presidential countries whose constitution contained four classifications of party simplification systems. The constitutions of Chile, Georgia and Suriname include electoral systems. The constitutions of Cyprus, Georgia, Mexico and Panama provide for parliamentary thresholds. The constitutions of 14 countries regulate restrictions on activities up to the dissolution of political parties. Indonesia includes provisions that have an impact on simplifying parties in the constitution, namely regarding coalitions and the dissolution of political parties as the authority of the Constitutional Court. The simplification of parties itself is a design determined by the state through restrictions in Article 28J paragraph 2 of the Constitution of the Republic of Indonesia. Although this Article cannot be applied directly as a justification for the simplification of political parties in Indonesia, the spirit or spirit of the 1945 Constitution of the Republic of Indonesia can still be used as justification for the simplification of political parties through four classifications as found in the constitutions of other countries as comparison material for future design decisions. suitable for application in your own country.

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