Democracy Establishment on Regional Head Election Observed from the Constitutional Law Perspective in Indonesia

Sugianto

doi:10.22610/jsds.v7i3.1409

Abstract

The amendment of the 1945 Constitution had opened space for democratic realization process at local level. In Article 18 paragraph (4) mentioned that governors, regents and mayors respectively as the heads of provincial, regency and municipal elected democratically. The local elections were carried out simultaneously by the people show democratic electoral system embodiment. To analyze the phenomena, this study uses a qualitative method, which the data source derived from primary and secondary data. Primary data is data obtained from observations in field, while secondary data obtained from literature or news about the regional head elections. The results showed that in a democratic election, a guarantee of freedom is an absolute and normative requirement. However the normative requirements sometimes ignored either by contestants or supporters. Therefore, the presence of the Constitutional Court is very important for democracy and constitutionality of local elections. In the local elections, the Constitutional Court has the authority to resolve the election results dispute. Although the existence of the Constitutional Court is important, but to resolve the dispute over local elections, researchers assume about the necessary establishment judicial elections at any stage or process level.

Highlights

Political changes in Indonesian constitutional develop fundamentally since the reform movement rolling in 1998, which depose President Soeharto as President of Indonesia
People's Consultative Assembly that still serves as the highest state institutions, and that an institution which often referred as sovereign folk and the Indonesian people embodiment eventually really realize the people demands in reform movement, namely amending the 1945 Constitution
The idea of the judicial elections establishment, which will handle election violations at every stage of process, considered necessary and relevant when confronted with political reality which shows many election violations that can not be solved by existing institutions

Summary

Introduction

Political changes in Indonesian constitutional develop fundamentally since the reform movement rolling in 1998, which depose President Soeharto as President of Indonesia. In political changes context at the local level, the 1945 Constitution amendment has opened space for democratic process realization at local level. This can be seen in Article 18 paragraph (4), which states that the Governor, Regents and Mayors as the respective heads of provincial, regency and municipal elected democratically. The emergence of these provisions have made changes which is fundamentally to the system and constitutional norms, because previously regional head elections are not regulated in the 1945 Constitution

Methods

Discussion

Conclusion