The Constitutional and Legislative Foundations of Indonesia’s Electoral Regime

The Presidential and Vice Presidential Elections in Indonesia is a crucial moment in the nation's democratic life. However, in the process, disputes and dissatisfaction with the election results announced by the General Election Commission (KPU) often arise. If not handled properly, this dissatisfaction can threaten political stability and public trust in the democratic system. Therefore, an effective and transparent mechanism for resolving election disputes is crucial to maintain the integrity of the democratic process in Indonesia. The research to conduct an in-depth analysis of the mechanisms and stages of resolving disputes over the results of the Presidential and Vice Presidential elections in Indonesia in 2024, and to assess the impact of the mechanism for resolving election disputes on political electability and public trust. The research method used is normative legal research. Normative legal research studies how legal norms function. The data collection method used is literature review. This study utilizes secondary data obtained from various literature and regulations related to the issues under investigation. The research findings indicate that the mechanisms and stages of resolving election disputes in Indonesia are detailed in the legislation. The level of public trust in the Constitutional Court as the institution for resolving disputes is relatively high, but concerns exist regarding the independence and transparency of the process. There is a need for stricter oversight of the dispute resolution process to ensure that each step is carried out in accordance with applicable regulations. Thus, it is hoped that the mechanism for resolving election disputes in Indonesia can operate more effectively and be trusted by all parties involved.

Throughout its history, Indonesia has held general elections many times from 1955 to 2019. During that long period of time, Indonesia implemented a different electoral system at each election. The arrangement of the electoral system in Indonesia always changes from time to time in each election administration. In the process of changing the laws and the regulations for every election, there has always been legal political dynamics. After the 2014 elections, there have been changes regarding the conduct of elections in Indonesia. The Constitutional Court (MK) granted the petition for a judicial review of Law Number 42 of 2008 concerning the Election of President and Vice President in 2014, so that the implementation of elections in Indonesia entered a new phase in 2019 and beyond. In 2019, for the first time Indonesia held simultaneous elections. The methodology used in this study is normative. The approaches used in this study are the historical approach, the statute approach, the legal analysis approach, and the conceptual approach. Legal arrangements regarding the conduct of elections always change, starting from the highest level of legislative regulations to the lowest (from the laws to the General Election Commission regulations, presidential decrees, ministerial regulations, or other regulations). The changes in the regulations regarding the implementation of elections in Indonesia have been present since the time of the 1955 elections until the 2019 elections. Since the implementation of the 1955 elections, Indonesia has always practiced a proportional electoral system, the electoral system that is considered suitable to be applied in Indonesia. This proportional electoral system is practiced with various modifications (both the open proportional electoral system and the closed proportional system). There are even district elements in the proportional electoral system in Indonesia, for example there are electoral districts that can be equated with districts in the district electoral system. The practice of the electoral system to be used in the elections in Indonesia is almost always subject to debate, both among constitutional law intellectuals and politics.

Elections are a democratic mechanism to elect person who will represent the people and lead the government. Since 1955; Indonesia has been held 11 general elections. According to the Article 1 (3) 1945 Constitution, which mentioned the principle of popular sovereignty; it means that people hold the highest authority should be given the opportunity to determine the power. The aim of this study was to analysis of the effect of electoral systems for developing Indonesia’s democracy. Talking on democratic government its always related with the degree of legitimation, means that the government should have the legitimation from the people trough the general election. The type of research is a legal research with normative point of view. The approach of the research are statue and conceptual approach. The main data of this research is a secondary data, which consist of a primary legal material and secondary legal material. In 2014, Indonesia hosted the general election to elect the parliament members and President which held in the different day. A month before general election done, the Constitutional Court announced the judicial review verdict of Law Number 42 Year 2008. Constitutional Court decided the legislative elections and the election of the president and vice president were held simultaneously. Decision of constitutional court Number 14/PUUXI/2013 has legal implication on general election of 2014 and also general election of 2019. From the very beginning the new law was endorsed, the General Election Commission have made all preparations to organize simultaneous elections in Indonesia. The goal is mainly to reduce costs. Indonesian democracy has long been perceived as being too costly. The quality of democracy depends on the fairness of general election not the cost. Everybody get their rights properly and savely. This is important to ensure justice while at the same time avoiding possible conflict.

The General Election Commission (KPU) as one of the organizers of the general election, has strategic and tactical duties. This is in accordance with Article 2 of Law number 7 of 2017 concerning general elections. The General Election Commission (KPU) Karanganyar is the election organizer based in Karanganyar Regency. As the election organizer, the General Election Commission (KPU) Karanganyar is tasked with conducting elections and regional head elections based on the provisions regulated by law. This research aims to describe the role of the Karanganyar General Election Commission in increasing voter participation in the 2024 presidential, vice-presidential, and legislative elections. This research method is qualitative. In this research, the technique used for selecting informants is purposive, which falls under the category of non-probability sampling. The researchers considered using this technique because the informants have a capacity for information mastery and careful consideration of the research focus. The collected data will then be analyzed using interactive analysis techniques. The role of the Regulator is carried out through various regulations used by the General Election Commission of Karanganyar Regency to enhance public participation in exercising their voting rights in the 2024 presidential and legislative elections. These regulations are included in the General Election Law, the Decision of the Indonesian General Election Commission (KPU RI), and the Regulations of the Indonesian General Election Commission (KPU RI).The role of the Facilitator is carried out through the Facilitation of the Karanganyar Regency General Election Commission in order to increase voter participation through the Student Council President Election (MILKOI). The General Election Commission (KPU) of Karanganyar Regency facilitated the organization of student council president elections in high schools and equivalent institutions in Karanganyar Regency. The role of the catalyst has been carried out by the General Election Commission (KPU) of Karanganyar Regency. The role of the catalyst includes organizing socialization for community groups about the stages of the general election, recruiting democracy volunteers, intensive communication with stakeholders, and optimizing the recruitment of Ad Hoc bodies based on socialization to the community and social media.

The phenomenon of violations of the neutrality of the State Civil Apparatus in general elections in Indonesia often occurs every annual democratic party. These violations occur due to weak law enforcement of legal structure, legal substance, and legal culture regarding general elections. This research aims to understand the neutrality arrangements of the State Civil Apparatus in general elections interpreting existing legal norms. This research method uses normative juridical method through literature study and legislation. Violations can be avoided by improving the legal system regarding General Elections in Indonesia. Starting from the regulation of elections and election neutrality, there is a synergy between institutions, the General Election Commission (KPU), the Election Supervisory Agency (Bawaslu) which is also tasked with overseeing the neutrality of the State Civil Apparatus. As well as public participation in upholding the law in the running of democracy in an honest, transparent, fair manner, so as to create dignified justice in the holding of elections in Indonesia.

The election of regional heads is actually a place to take choices directly by the people or voters in the regions. But in fact, the choice of voters is much influenced, even manipulated by political brokers. This study was conducted to reveal the models of political brokers and their operating patterns in regional head elections in Indonesia. Political brokers have hijacked direct democracy in local elections. The regional head should have a direct contract with the voters, related to the work program at the time of contestation and accountability at the time of election. But the process was hijacked midway by political brokers. Political brokers have long operated in the process in Indonesia, both general elections, presidential elections, village head elections, and regional head elections. This research used descriptive qualitative method. Data was collected through in-depth interviews with informants who were directly involved in the regional head election. From the research conducted, it is found that political brokers in regional head elections in Indonesia are village heads, and community leaders. Political brokers perform their role in two ways. First, by giving money to the head of the electorate. The money comes from regional head candidates who are given by the winning team for regional head candidates for political brokers. The money given by regional head candidates to political brokers consists of money for own political broker and operational money, as well as money to be distributed to voters. Second, political brokers also act to intimidate, threaten and frighten potential voters, if they do not vote for candidates who are supported by political brokers.

The development of information technology affects students in searching and finding information, particularly information regarding the General Election. Theexplosion of information on mass media about the elections resulted impact (both positive and negative) to the potential voters. Nowadays, media plays role as a tool for political parties to lead public opinion to support their parties. Based on the data provided by General Election Commission (KPU) in 2014, 20% of voters were identified as students (teens). This is a qualitative research with case study methodwhich aims to gain insight about interpretation, understanding, perceptions and feelings of teenage voters’ behavior in searching and finding information about general election in Indonesia year 2014. The data were collected by conducting interview and observation. Informants (six persons) in this study were students, aged 17-18 years, who studying in government senior high school in Depok. The results of this study indicates that informants using social media to keep update about general election. Besides, they also gain information from their parents and close friends. Unfortunatelly, they were not able to identify which information which are correct or not, so they rely on people around them to make sure whether they did right decision. Therefore, this study also suggest that KPU needs to develop promotion strategy that suitable for teens about general election.

The holding of general elections is one of the means of achieving democracy and realizing a system of government that is people-sovereign and has been successfully implemented since Indonesia's independence until the current reformation period. This study aims to analyze the dynamics of general elections in Indonesia as part of the success of organizing democratic parties. The data used in this study comes from several pieces of literature relating to implementing the 1955 to 2019 general elections. The research method used is a descriptive method with a qualitative approach. With this method, the researcher attempts to describe, analyze, and explain the electoral system used during the legislative and presidential elections. The results of the study explain that Indonesia adheres to a democratic system in general elections. General elections aim to create a government of, by, and for the people. With the existing dynamics, elections in Indonesia have been successfully carried out from 1955 to 2019, both in the presidential and regional elections. The 1999 general election, which was a transition from the New Order government to reform, brought Indonesia towards a democratic political system. In 2004, the people participated directly in elections for the first time. The process of elections in Indonesia is indeed inseparable from the principles of general elections under Law Number 12 of 2003, namely direct, honest, fair, free, secret, and public.

In this digital era, political campaigns have experienced significant changes with the emergence of various social media platforms and digital technology. This phenomenon is no exception in the context of the 2019 presidential and vice-presidential general elections in Indonesia. Digital political campaigns have become an integral part of candidates' strategies in winning the hearts of voters and increasing their electability. In this analysis, we evaluate the effectiveness of digital political campaigns in increasing the electability of prospective candidates in the 2019 presidential and vice-presidential general elections. We identify the strategies and tactics used by candidates and their campaign teams in utilizing digital technology to achieve their political goals, as well as the impact digital political campaigns on public perception and the final results of the general election. Using qualitative analysis methods, we collect data from various social media platforms and apply content analysis to understand the influence of digital political campaigns. The research results show that digital political campaigns have a significant impact in increasing the electability of prospective candidates, by increasing visibility, recognition and interaction with voters through social media. In addition, we also discuss other factors that influence election outcomes, such as the participation of young voters, the potential for polarization, and the influence of dynastic politics. Thus, this analysis provides in-depth insight into the role of digital technology in contemporary politics and its implications for democracy and the general election process in Indonesia.

The determination of the elected Regent and Deputy Regent by the General Election Commission (KPU) of Sabu Raijua Regency was formed without paying attention to the provisions of the Legislation and General Principles of Good Governance. The reason is that Orient Riwu Kore was only known to have dual citizenship after issuing the KPU Decree. The Constitutional Court later annulled the KPU decree. In contrast, Article 24C of the Constitution mandates that the MK's authority decide disputes regarding the general election results. On the other hand, the KPU stipulation decree is related to the general election process, not a dispute over the vote results. The dispute resolution process should be done through administrative efforts to the BAWASLU and the PTUN. Therefore, it becomes a question regarding the basis of the authority and reasons for the Constitutional Court to resolve disputes over the general election process. This research is in the form of normative juridical. The approach used in this research is the statutory approach and the case approach. This research is categorized in a prescriptive research typology. The data that has been collected will be analyzed qualitatively, and the results of this study are categorized in the form of prescriptive-analytical research. The result of this research show if the dispute of the KPU decree should be solved by administrative efforts in the form of adjudication to Bawaslu. Only then can the PTUN lawsuit be filed. However, suppose the dispute resolution process is carried out through the Administrative Court, it will take a long time. So that it can be understood that the acceptance of the applicant's application by the Constitutional Court is due to the absence of a more effective mechanism that can be carried out for the determination of the KPU decree other than through the Constitutional Court.
 Keywords: election disputes; constitutional court decision; decrees; general election commissions.

The polemic of ex-convict candidates for legislative members has given special attention to academics and the general public. In this case, the polemic lies in the overlap between regulations number 7 of 2017 about General Elections and Regulation of Election Commission number 20 of 2018 about the nominations of DPR, provincial DPRD and Regency / city DPRD members. The core problem in the regulation is the limitation of political rights for ex-convicts (Croupier of Drugs, Sexual Crimes against Children and Corruption). Whereas the higher level regulation does not limit this. This research is a library research. Namely research that uses all sources of research from books, journals, articles, research, laws, and from the internet. After the sources are obtained and then analyzed using related theories. This research focuses on the normativity strategy that should have been carried out and applied by the general election commission in limiting former convicts in the 2019 general election. The normativity strategy that should be carried out by the general election commission on the limitation of convicted persons in general elections in Indonesia is the making of regulations relating to the submission of honesty to the public that those who nominate themselves as prospective legislative candidates are ex-convicts. One of the strategies that must be regulated in the regulation is, Submission to the public through social media, in this case the delivery must be regulated more stringently and in more detailed procedures, because it is feared that political actors whose status as ex-convicts only pay to one television station and get a certificate or proof. However, the provision of information is not broadcast on the television station, and so forth.

2024 is the year of Indonesian democracy, by holding general elections and regional elections simultaneously. The progress of democracy is marked by the link between good government and electoral governance, particulary regarding the issue of information disclosure in implementing electronic-based government systems in general and regional elections. This article aims to describe the implementation of good governance and electoral governance in the development of democracy in Indonesia in 2024. By using inductive grounded theory research methods from research on democratic phenomena, compiling evidence through theory and field phenomena as well as strategies needed to resolve election disputes. Achieving this also requires the principles of governance in realizing a democratic government. In its development is the implementation of election digitalization through processes, open election data and results so that public trust arises. The General Elections Commission (KPU) should strive to support information transparency through developing information systems in elections. Even though in reality there are obstacles and pressure from various scientific experts regarding information disclosure KPU is committed to developing information transparency so that the public does not get misunderstandings in the application of the information system owned by KPU. The public is waiting for efforts to improve information disclosure in the 2024 election to become a record of the regional elections and subsequent elections. The conclusion of this research is that KPU provides autthority to local KPU in giving understanding to operate information system more comprehensively, and provides supporting infrastructure so that information system may run maximally.

After successfully getting the attention of countries in the Southeast Asia Region as the pioneer in presenting the Right to be Forgotten policy in its legal instruments, Indonesia must now account for the decision. The country must not only make sure the policy can be implemented, but also anticipate problems that will arise due to its implementation.The Law Number 19 of 2016 concerning Amendment to the Law Number 11 of 2008 concerning Information and Electronic Transactions is the basis for the enactment of the Right to be Forgotten policy in Indonesia (UU ITE) . This arrangement has led to debates, considering that to these days Right to be Forgotten is still a sore subject in European countries and the United States. Not only that, Indonesia currently has not had any laws specifically regulating data protection, even the provisions of Right to be Forgotten have not been regulated in detail that it has may lead to different interpretations.Cyberspace data or information related to legal cases in Indonesia is one of the problems that might occur; this includes not only the data existed before the case go on trial, but also the data presents after the case is decided by the court and the convict has served a sentence. This paper will discuss several events related to data and legal processes in Indonesia. The first is about a past photo of Angelina Sondakh, which proved her ownership of a Blackberry mobile phone that led to Supreme Court verdict for 10 years in a corruption case. The second is related to the release of data of legislative candidates who are ex-convicts by the General Election Commission in the General Election Process in 2019. The next data will be information to prove the public lie of Ratna Sarumpaet, an activist who claimed to have been persecuted, and the lie has sparked public criticism against the incident.These three cases have one thing in common, i.e. the presence of information or data that can be accessed via the internet having the potential to be used as an object of Right to be Forgotten. Therefore, regulations to ensure that Right to be Forgotten can work well in accordance with the legal provisions in Indonesia and without reducing other existing rights are necessary.

The mechanism for transferring people's sovereignty is carried out through general elections to elect leaders and representatives of the people who will be mandated to carry out state and government affairs in accordance with the provisions contained in the legislation. One of the interesting developments from the point of view of the Indonesian state administration began when Indonesia experienced a transitional period of general elections (elections) which are one of the main pillars of democracy. In Indonesia, the existence of an election management body has existed since the 1955 general election until now. In every course of political history, Indonesia has several different institutional models of election management from time to time. The General Election Commission in Indonesia it is called Komisi Pemilihan Umum (KPU) is an institution that carries out the function of organizing elections in Indonesia. In addition to the KPU, there are institutions that also play an important role in the implementation of elections and are closely related to the existence of the KPU, namely survey institutions that carry out quick count processes. The survey institutions in a number of developing countries, especially those that are actively building democracy, are also not a little doubted by their moral honesty, at least being sued with a critical attitude such as the existence of a poll on the existence of a political survey institution, which has resulted in an attitude of uncertainty about the performance survey agency. This condition makes people less confident in the survey results which are considered no longer independent. It is proven that every time an election is held, a number of survey institutions seem to want to lead public opinion towards certain contestants. This is certainly very unfortunate considering that the survey results are one of the important instruments in democracy.

The massive number of money politic and clientelism cases occurring between legislative electoral candidates and the community should be eradicated, especially as the general election comes close. This article analyzed the causes of money politic and clientelism in the electoral system and which electoral system that Indonesia as a state should pursue in the legal political context. This normative juridical research discussed the subjects from the point of view of positive legal norms in Indonesia and focused on a statutory approach. The research data were collected by reviewing various literatures. From the research findings, it was concluded that the open-list proportional electoral system in Indonesia in Law No. 7 Year 2017 concerning General Election should be changed into a close-list one considering that the legal politic of the Law on General Election led to the many money politic cases occurring before and after the election. The Constitutional Court in its decision No. 144/PUU-XX/2022 rejected entirely the application for a change of proportional electoral system in the Law on General Election for many considerations and the upcoming general election in 2024 would still use the open-list proportional electoral system. Nevertheless, in the national legal political context, the party drafting the Law on General Election was authorized by the Constitutional Court to change the electoral system in the future on various requirements that they need to fulfill.