THE CONSEPT AND ITS IMPLEMENTATION OF INDONESIAN LEGISLATIVE ELECTIONS BASED ON THE PANCASILA DEMOCRACY PERSPECTIVE

Franciscus Xaverius Wartoyo,Benyamin Tungga

doi:10.20961/yustisia.v0ixx.13226

Franciscus Xaverius Wartoyo, Benyamin Tungga

Open Access

https://doi.org/10.20961/yustisia.v0ixx.13226

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Abstract

<p>Indonesia’s democracy system was built on the basis and the strength of Pancasila, which did not favor the excessive desires of individual negotiations (liberalism) neither absolute state domination, non-liberalism, namely direct and indirect democracy that was once practiced. Those forms have their own weaknesses, but this paper will only highlight the positive side of the open democratic system, sincerely the democratic system of this nation is Pancasila democracy which refers to those two major forces of democracy. The implementation of Pancasila’s democracy in the Legislative Election can be shown in Law Number 7 of 2017 on the General Elections 2019 in Indonesia. The history of the implementation of elections in Indonesia revealed a variety of dynamics indicated by several changes in the constitutional law which were used as the basis for the implementation of elections. The publication of the Election Law is the elaboration of the provisions of Article 22E of the 1945 Indonesian Constitution. This means that the principles of democracy contained within 1945 Constitution of the Republic of Indonesia, must become the main foundations in designing norms in Law Number 7 of 2017 on the General Elections 2019, as happened, it turns out that the parliamentary threshold regulation within the Constitutional Law are ineffective in implementing this democracy.</p>

Highlights

Democracy’s reformation era was such an abstract and universal concept
It’s adjusted regulationsare explicitly stated in article 1 paragraph 2 of the 1945 Constitution amendments which states that sovereignty is in the hands of the people and carried out according based on the constitution (Tim Grasindo, 2017: 60-62)
The election which held in 2009 was reffering to Law Number 7 of 2017 on the General Elections 2019, concerning the election of the member of House of Representatives, Regional Representative Councils (Hereinafter named as DPD), and Regional People’s Represntative Assembly (Hereinafter named as DPRD)

Summary

INTRODUCTION

Democracy’s reformation era was such an abstract and universal concept. Those kinds of democracy has been applied in many countries in various forms, which results in various titles, such as constitutional democracy, peoples democracy, guided democracy, liberal democracy, and so on. Article 413 Law Number 7 of 2017 on the General Elections 2019 stated, that the number of seats for DPRD province level are set at minimum 35 (thirty five) and maximum 100 (one hundred). Article 182 Law Number 7 of 2017 on the General Elections 2019 stated, that the number of the seats for DPD for each province are set at minimum 4 (four). The democracy’s characteristic as already made and determined in Article 1 paragraph 2 and legal sovereignty (nomocracy), are regulated in Article 1 paragraph 3 1945 Indonesian Constitution Each of those clause has a specific connection of availability that cannot be separated in a country that has a democratic system and respects the status quo of law and justice, like Indonesia. As in the old order regime political democracy and economic democracy were called socio-democracy

RESEARCH METHODS

DISCUSSION AND RESEARCH RESULT

Conclusion

Suggestion