Development Of Democracy In Indonesia Research Articles

PENGHAPUSAN PRESIDENTIAL THRESHOLD SEBAGAI UPAYA PEMULIHAN HAK-HAK KONSTITUTIONAL

The removal of the presidential threshold system, on the one hand, has made a positive impact on the development of democracy in Indonesia. It can restore the basic rights of the citizens in the constitution (remedy of constitutional rights) that had been hurt by the threshold. The advantages include the minor parties’ opportunity to propose their respective presidential candidates and also the prospect of having more diversed presidential candidates. The new system will allow the president to be at ease in carrying out the governmental duties due to the absence of the dominant parties’ intervention in the parliament. However, the weaknesses of the abolition of the presidential threshold should also be of concern because of the vulnerability of individual interests that may be obtained through the presidential nomination. In terms of the national security, there will be an expansion of conflict and criminal acts escalation attributed to the candidates' election. Further, for the efficiency itself, the electoral budget allocation will greatly increase (high cost election). This will nevertheless an issue because such excessive budget allocation may be better supplied to areas that can increase the people’s welfare. Therefore, this assumption needs to be investigated further with in-depth research on the efficiency of campaign funds.

PENGHAPUSAN PRESIDENTIAL THRESHOLD SEBAGAI UPAYA PEMULIHAN HAK-HAK KONSTITUTIONAL

The removal system of the presidential threshold had a positive impact on the development of Indonesian democracy. The system had restored the remedy of constitutional rights that was torn by the presidential threshold. Non-majority parties obtained many advantages: to propose their respective president candidates and to add choices in the presidential election. The presidential thresholds eased the president in conducting government duties because of not being intervened by the other dominant parties in the parliament. However, the weakness of this removal system needed to be considered, for example, the vulnerability of individual interests gained through presidential candidacy. It might also expand the conflict escalation and election crime due to a large number of candidates based on the national security aspect. The other weakness was increasing the election budget allocation referring to the efficiency aspect. The budget allocation would be beneficial to share with other departments in improving people’s welfare. However, further study about the campaign and its efficiency should be conducted to prove the assumptions.
 Abstrak: Penghilangan sistem presidential threshold (ambang batas) di satu sisi telah berdampak positif untuk perkembangan demokrasi Indonesia. Sistem ini dapat memulihkan hak-hak dasar warga dalam konstitusi (remedy of constitutional rights) yang pernah dilukai dengan adanya presidential threshold. Banyaknya manfaat yang akan didapat oleh partai-partai bukan mayoritas agar bisa mengusulkan calon presidennya masing-masing, dan juga membuat pilihan presiden pun makin beragam. Dengan adanya PT akan lebih mempermudah presiden untuk melaksanakan tugas pemerintahan, disebabkan tidak terjadinya intervensi partai lainnya yang dominan dalam parlemen. Namun demikian kelemahan dari penghapusan PT juga patut untuk dipertimbangkan, seperti rentannya kepentingan individu yang bisa diperoleh melalui pencalonan presiden. Dari aspek keamanan nasional akan berakibat pada perluasan eskalasi konflik dan tindak pidana pemilu disebabkan banyaknya kandidat. Dari segi efisiensi, alokasi anggaran pemilu akan semakin membengkak (high cost election). Setidaknya alokasi dana pemilu dapat di salurkan ke bidang-bidang yang dapat meningkat kesejahteraan rakyat lainnya. Akan tetapi asumsi ini perlu dibuktikan lebih lanjut dengan riset mendalam tentang efisiensi dana kampanye.
 Kata Kunci: presidential threshold, remedy of constitutional rights, high cost election

Pemilu Serentak dan Masa Depan Konsolidasi Demokrasi

The development of democracy in Indonesia is running very rapidly after the 1945 amendment. One of the developments within the frame of politics characterized by constitutional formula that provides a basic framework state that sovereignty belongs to the people and carried out in accordance with the Constitution. On the basis of the formulation of the succession of leadership in the executive and legislative branches are directly implemented as the mandate of Article 22 E of paragraph ( 2). However, in practice the constitutional arrangements in the Law Number 42 Year 2008 concerning General Pemlihan President and Vice President shows inconsistent with the statement in the constitution . As set out in Article 3 paragraph ( 5 ) states that the election of President and Vice- President held after an election DPR, DPD and DPRD. At the end of the Constitutional Court through Decision No. 14/PUU-XI/2013 stated that the selection of models is unconstitutional. Based on that assessment constitutionality of norms selection method based on the simultaneous interpretation of the constitution of both the original intent and interpretation of history. Design constitutional elections simultaneously referred born as an attempt to shift the direction of the transition towards democracy in the reinforcement system in order consolidation of democratic practice direct democracy tends opaque transactional, corrupt, manipulative, high costs and preserve power can be minimized in the practice of constitutional democracy dimention to understand and sovereignty of the people.

IMPLIKASI PEMBERLAKUAN PERDA SYARI’AT TERHADAP IDEOLOGI NEGARA INDONESIA

Since the downfall of Soeharto’s New Order regime in 1999, Indonesia political orientation drastically changed. President Baharuddin Jusuf (BJ) Habibie enacted number of laws that changed the face of Indonesian politics from authoritarianism to democracy. One of the laws was Law No. 22 of 1999 on Regional government, which was amended by Law No. 32 of 2004 on Regional Government. The law brought Indonesia from centralism politics to fully decentralism. All individuals and groups, mainly marginalized Muslim groups during the New Order regime, have taken the best of the shift to force the implementation of Syaria law in Indonesia by advocating the enactment of numbers of Syariat inspired regional regulations (Perda berbasis Syariat) in tens of provinces. The Perda soon became controversial and triggered debate among Muslims themselves. Even some worried if the Perda would change Indonesian constitution and ideology from secular to Islamic one. Using qualitative approach and analyzing Indonesian political preference at national-wide, this article argues that the Perda would not affect Indonesian constitution and ideology. Even large number of Indonesians likely accept the development of the Perda as part of development of democracy in Indonesia.

PERLINDUNGAN GOLPUT DALAM PERSPEKTIF HAM

The existence of non-voters in the election to get the pros and cons in the community. Most people support but some of the group refused. In this study discussed the How arethe implications ofabstentions in the democracy development in Indonesia? How is the human rights protection of the non-voters? This research is a normative legal materials sourced from primary and secondary legal materials. Legal materials collected qualitatively processed. Legal materials processing results are presented in descriptive analysis. Abstentions implications in the development of democracy in Indonesia is a hallmark of democracy itself that is the freedom to argue. Not voting is a choice that must be respected in a democracy in Indonesia. Protection of human rights of non-voters must be done by the state, the law and every person as the option to be non-voters are part of the political rights of the born first-generation rights. Rights in the first generation is not ruled out. Society needs to see that non-voters is an option that must be respected in democratic life. Option to not choose (non-voters) should be defined as a human right in the legislation in Indonesia.

In Defense of the Freedom of the Press: The Indonesian Playboy Magazine Case Study

One of the most observable achievements in the development of liberal democracy in Indonesia after the fall of the Soeharto’s New Order is the flourishing freedom of the press. One notable case was the Indonesian Playboy magazine and court decisions pertaining to it, which was successful in drawing massive public and even international attention. By thoroughly describing thoughts, feelings, values, and beliefs of various actors involved, this article explains the impacts of liberal democracy experimentation in Indonesia after the amendment of 1945 Constitution. This case has provided an excellent opportunity in observing the rule of law in enforcing the freedom of the press in Indonesia facing social cultural elements strongly adhered to by Indonesian people.

Refleksi Yuridis Perkembangan Demokrasitisasi Politik Pemilu Pasca Reformasi

Development of democracy in Indonesia is experiencing significant growth,especially in the time of the Reformation. Awareness of the state of democracy in Indonesia is characterized by changes in the amended constitution and also theemergence of laws and other regulations over a democracy. One of the rules and regulations are constantly changing is about elections. Election is one of thecharacteristics of countries that embrace democratic system. In the post-Reformation has happened 3 times elections, namely in 1999, 2004 and 2009. At the third electionlaws have different anyway. Because there is a political configuration that houses the elections. The election of these three would be a reflection of this nation about thedevelopment of democracy. This paper will present the existing political demokrasti tripon Election Post-Reformation, as a reflection of legal developments democratic election.