Direct Presidential Elections Research Articles

PENERAPAN KEDAULATAN RAKYAT DI DALAM PEMILIHAN UMUM DI INDONESIA BERDASARKAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

ABSTRACTElections are a means of implementing the sovereignty of the people regulated in the 1945 Constitution. In the implementation of indirect democracy, a representative democratic system is inevitable, so that elections that uphold direct, public, free, secret, honest and fair spirit are a means of regenerating leadership politics to run the government both at central and regional levels. People as the owner of the highest sovereignty surrender their sovereignty to state institutions such as the President, DPR, DPD, and DPRD through elections. After the change in the 1945 Constitution there was a shift in the regulation of popular sovereignty such as the MPR is no longer the executor of popular sovereignty, the implementation of direct presidential elections by the people, until the emergence of the Constitutional Court that can try and decide the president and vice president to stop in his term of office. All of this is an effort to uphold the people's sovereignty and at the same time to maintain the people's sovereignty based on the 1945 Constitution.
 Keywords: People's Sovereignty, Elections, 1945 Constitution

Study on the Reduction and Abolition of Proportional Representation System

최근 우리나라는 연동형 비례대표제 도입을 중심으로 하는 선거제도 개혁에 대하여 정치권의 갈등과 학계의 상호 의견차이가 심하게 나타나고 있다. 평등선 거원칙에 좀 더 부합하다는 비례대표제가 확대된다면, 단순다수 소선거구제보다 정치적 소수자의 등원이 쉬워지고, 지역주의 해소에 긍정적 영향을 끼치는 등의 장점이 있을 것으로 예상은 된다. 그러나 공천 헌금으로 대표되는 비례대표 선출 과정의 불투명성 및 공무담임권 침해가능성 등 비례대표제는 단점 역시 상당하 다. 물론 독일과 뉴질랜드와 같이 연동형 비례대표제가 성공적으로 안착한 사례도 있으나, 위 두 나라는 의원내각제이기에 대통령 5년 단임 직선제를 기본으로 하는 우리나라 통치구조에 연동형 비례대표제는 제대로 조응하지 않을 수 있다. 즉, 현행 5년 단임제의 역사적 정통성을 고려한다면 우리나라의 선거제도 개혁은 대통령 직선제라는 큰 틀 안에서 논의가 이뤄져야 한다. 이는 합의제로의 전환보 다는 다수제 민주주의 원칙의 존속이 타당함을 의미하며, 구체적으로는 현행 비례대표제의 점진적 축소 및 개헌을 통한 완전 폐지와 미국식 순수대통령제로의 체제 변형을 뜻한다.Conflicts between political circles and differences of opinion among academic world are so severe these days with election reform which mainly deals with mixed-member proportional representation system. If proportional representation system which seems to be accord with the principle of equal election expands, it is likely that political minorities can come to the assembly much easier and positive impacts will be on dissolving resionalism. However, proportional representation system has quite a few flaws such as the opacity of nomination process infamous for nomination donate and a potential infringe on the right to equal access to public service. Of course there are some cases in which mixed-member proportional representation system was successfully settled such as Germany and New Zealand, but those two countries are parliamentary republics. Mixed-member proportional representation system may fail to accord with Korea’s single five-year presidential term and direct presidential election system. Hence, election system reform in korea must be discussed within the scheme of direct presidential election system considering the historical legitimacy of the existing system. This indicates that the maintenance of the current principle of majoritarian democracy is far reasonable than the switch to consensus democracy, which means a gradual reduction and a complete abolition of current proportional representation system and switch to pure-presidentialism like America.

INDONESIA’S 2019 ELECTIONS: A FRACTURED DEMOCRACY?

In April 2019, Indonesia carried out simultaneous presidential and legislative elections. With an estimated 192 million voters acceding to 800,000 polling stations, this was the world's largest direct presidential election. Barring some dispersed claims of irregularities, the mammoth task of electing public representatives at the national as well as provincial and local levels was successfully carried out. Indonesia's voters had to decide on the 575 members of the national parliament, as well as some 20,000 seats in the country's many provincial and local legislatures, including 2,207 provincial level MPs from 34 provinces and 17,610 local councillors from more than 500 local authorities. Voter turn-out was an estimated 81.9 percent, the highest yet since Indonesia's transition to full democracy. Thus, at first blush, this electoral exercise can be seen as a logistical and political achievement, and an addition to Indonesia's track record of successfully-held elections. Yet, despite its technical proficiency and solid participation, the 2019 polls highlight pervasive societal and geographic fault-lines and raise questions about the strength of Indonesia's democratic institutions.In order to analyse the importance of these elections, this article is comprised of six parts. Following this introduction, the second section briefly discusses the salient aspects of Jokowi's first administration. The subsequent part sets out the run-up to the presidential campaign, paying particular importance to changes in ‘rules of the game’ that altered the structural dynamics of the elections. The fourth section compares and contrasts the campaigns of the two opposing coalitions and the fifth analyses the electoral results. The final section concludes by discussing the denouement of the elections before looking forward.

Who are we?

Abstract This paper analyzes how political aspirations and convictions during Taiwan’s authoritarian period (from the 1940s to 1996) are expressed through first-person plural pronouns. Combining both corpus-assisted method and discourse historical analysis (DHA, Wodak et al. 1999), we compared the speeches delivered by the presidents – Chiang Kai-shek (CKS, 1955–1975), Chiang Ching-kuo (CCK, 1978–1988), and Lee Teng-hui (LTH, 1989–1996) – from the one-party domination era to the time of the direct presidential elections in 1996. Moreover, by locating lexical items in the co-texts and checking the collocates, we have tried to find referents of we against changing socio-political contexts. The meaning of we has changed from representing Chinese compatriots on the Chinese mainland and the revolutionary militia in CKS’s speeches to an over-inclusion and more hearer-dominant (HD) we in CCK’s speeches. A “wandering we” was found in LTH’s speeches with which a well-defined national collectivity was difficult to identify in the late 1980s.

Zakres władzy prezydenta

W artykule podejmuje się problem zakresu władzy prezydenta na dwu płaszczyznach. Z jednej – wstępnie – na płaszczyźnie tradycyjnych koncepcji prezydentury w polskich demokratycznych konstytucjach (Konstytucji z 1921, tzw. Malej Konstytucji z 1992 oraz Konstytucji RP z 1997). Analiza pokazuje, jak na gruncie generalnie przyjętego parlamentarnego systemu rządów kształtowano pozycję głowy państwa, uwzględniając decyzję z 1990 r. o powszechnych bezpośrednich wyborach prezydenta. Z drugiej strony – i na tym problemie analiza się głównie koncentruje – poddano oglądowi wszystkie konstytucyjne kanały, którymi prezydent może wpływać na decyzje ustawodawcze i wykonawcze państwa. Wbrew pewnemu przekonaniu, że te możliwości prezydenta są niewielkie, ich podsumowanie nie prowadzi do takiego wniosku. Przeciwnie, aktywność prezydenta może się przejawiać w zakresie równoważenia władz, arbitrażu, konsultacji, współdziałaniu, przestrzeganiu prawa (to nawet obowiązkowo), inicjatywy itd. Ale Konstytucja jest elastyczna i nie wymaga wszystkiego: prezydent może też godzić się na bardziej bierną postawę, tylko obserwującą, jeśli uzna, że jego interwencja nie jest niezbędna. To będzie też swoisty rodzaj czuwania nad sprawami państwa.

Constitutional Development in the Czech Republic in 2013–2017: Direct Presidential Elections and Their Constitutional Consequences

Constitutional Development in the Czech Republic in 2013–2017: Direct Presidential Elections and Their Constitutional Consequences

PARTY CARTELIZATION, INDONESIAN-STYLE: PRESIDENTIAL POWER-SHARING AND THE CONTINGENCY OF DEMOCRATIC OPPOSITION

AbstractDemocracy and opposition are supposed to go hand in hand. Opposition did not emerge as automatically as expected after Indonesia democratized, however, because presidents shared power much more widely than expected. The result has been what I call party cartelization, Indonesian-style. This differs significantly from canonical cases of party cartelization in Europe. Yet it exhibits the same troubling outcome for democratic accountability: the stunted development of a clearly identifiable party opposition. Since the advent of direct presidential elections in 2004, Indonesian democratic competition has unsurprisingly assumed somewhat more of a government vs. opposition cast. But this shift has arisen more from contingent failures of elite bargaining than from any decisive change in the power-sharing game. So long as Indonesia's presidents consider it strategically advantageous to share power with any party that declares its support, opposition will remain difficult to identify and vulnerable to being extinguished entirely in the world's largest emerging democracy.

ИНСТИТУТ ПРЯМЫХ ПРЕЗИДЕНТСКИХ ВЫБОРОВ В ПАРЛАМЕНТСКИХ РЕСПУБЛИКАХ

ИНСТИТУТ ПРЯМЫХ ПРЕЗИДЕНТСКИХ ВЫБОРОВ В ПАРЛАМЕНТСКИХ РЕСПУБЛИКАХ

Eksistensi Majelis Permusyawaratan Rakyat Republik Indonesia Pasca Perubahan Undang-Undang Dasar Republik Indonesia 1945

Before the reformation, the authority of People’s Advisory Assembly of Indonesia Republic (MPR-RI) given by the 1945 Constitution was so centered only to this institution, that there was not check and balance among the structures of state institution that enables for democracy. The reformation spirit, starts an effort to do restructuring in the state institutions, especially, MPR. It aims to minimize or limit the duty and authority of MPR in order to achieve democratic atmosphere and give the priority to checks and balances and to resume the people’s power fully to the people’s hand. This was based on the consideration that this research attempted to find out the norms and legal theory about the existence of MPR authority. according to the new the 1945 Constitution, MPR was changed from the highest state institution to be equal to the other state institutions (DPR, DPD, President, BPK, and the Institution of Justice, namely, MK MA, and KY). The MPR authority was limited in three main cases: changing and deciding Constitution (Article 3, subsection (1)); second, administering President and/or Vice President (Article 3, subsection (2)); and third, dismissing President and/or Vice President in the period of their position according to Constitution (Article 3, subsection (3)). Thus, MPR did not elect and administer President but it just inaugurates President. This direct Presidential election gave the effect that the President is responsible to the people directly, not to MPR. The Duty of MPR, which also decides on the GBHN, was removed because in this system the President made the programs him self, not made by MPR.

Tugas Dan Wewenang Majelis Permusyawaratan Rakyat Republik Indonesia Menurut Uud Ri 1945 Perubahan/Amandemen

Before the reformation, the authority of People’s Advisory Assembly of Indonesia Republic (MPR-RI) given by the 1945 Constitution was so centered only to this institution, that there was not check and balance among the structures of state institution that enables for democracy. The reformation spirit, starts an effort to do restructuring in the state institutions, especially, MPR. It aims to minimize or limit the duty and authority of MPR in order to achieve democratic atmosphere and give the priority to checks and balances and to resume the people’s power fully to the people’s hand.
 This was based on the consideration that this research attempted to find out the norms and legal theory about the existence of MPR authority. according to the new the 1945 Constitution, MPR was changed from the highest state institution to be equal to the other state institutions (DPR, DPD, President, BPK, and the Institution of Justice, namely, MK MA, and KY). The MPR authority was limited in three main cases: changing and deciding Constitution (Article 3, subsection (1)); second, administering President and/or Vice President (Article 3, subsection (2)); and third, dismissing President and/or Vice President in the period of their position according to Constitution (Article 3, subsection (3)). Thus, MPR did not elect and administer President but it just inaugurates President. This direct Presidential election gave the effect that the President is responsible to the people directly, not to MPR. The Duty of MPR, which also decides on the GBHN, was removed because in this system the President made the programs him self, not made by MPR.

An exploratory study of constitutional design in three island states: Seychelles, Comoros, and Mauritius

ABSTRACTThis article explores the effects of constitutional design on conflict management and democratisation outcomes in three African island states: Seychelles, Comoros, and Mauritius. As an exploratory framework, the article reflects upon Arend Lijphart’s theory of accommodative constitutional design in view of political developments in the three cases, beginning around their independence and continuing into recent times. The case studies provide some general support to Lijphart’s accommodative theory, and particularly to the need to facilitate broad representation and an overall sense of political inclusion, but they also raise critical questions regarding the effects of his institutional recommendations. Contrary to Lijphart’s approach, majoritarian legislative elections might under certain conditions facilitate greater inclusion than proportional representation, and direct presidential elections could sometimes be more inclusive than a parliamentary executive. The findings on Lijphart’s recommendations of group autonomy are less clear, particularly regarding the question of whether territorial autonomy might increase risks of secession.

왜곡된 87년체제 : 『민주화의 길』 분석을 중심으로

This article attempts to explain what South Korean civil society wanted to change before the 1987 new constitution. Although various social issues in the first half of 1980s caused people’s active participation in the Democratization Uprising in June 1987, many of these issues, except that of direct presidential election, were largely ignored in the process of revision of the constitution. In order to examine the gap between contemporary social issues and the 1987 constitution, the author examines the magazine Road to the Democratization(Minjuhwaui-gil) published by the Youth Association for the Democratization Movement(Minjuhwacheongnyeonundongyeonhap), a representative organization in South Korean civil society at that time.BR The magazine dealt with issues such as labor issues, peasant movement, and civil protest against urban reconstruction to be solved after the democratization. In addition, domestic and international economic issues including Korean industrial restructuring and conglomerates were point out as those that are needed to be handled urgently. However, these issues were disappeared as the presidential election was going on, and social movement activists diverted their activity into the unification campaign, NGO, and grass roots movement, which were like deja vu with the post April Revolution in 1960. Moreover, people were disappointed with activist involvement in political parties since the 1990s. is caused the contortion of the system under the 1987 democratic constitution.

87년 헌법의 개헌 과정과 시대적 함의

This paper examines the characteristics and meaning of the 1987 revised Constitution. In particular, it highlights the political position among the three contemporary political leaders, Roh Tae Woo(1932~ ), Kim Young Sam(1927~2015), and Kim Dae Jung(1924~2009). As the principal of the ‘direct presidential election system’ had already been set, the three leaders could easily agree with the revision of the Constitution. Therefore, there was little dispute that remaining articles of the 1962-Constitution should remain in the new version. The 1962-Constitution was a creation of the 1961 military coup led by General Park Chung Hee(1917~1979). Although the political processes were not completely democfratic, electoral competition was periodically made and some elections were fairly competitive during the Park regime, called the Third Republic. In this sense, the constitution revised in 1987 focused mainly on establishing procedural democracy. After three decades of successful democratic consolidation, another constitutional reform for entrenching Korea’s democracy is needed.

The Ethnic Implications of Preferential Voting

Around the turn of the century, political developments in Northern Ireland, Fiji and Papua New Guinea encouraged claims that preferential voting systems could steer polities in the direction of ‘moderate’ multi-ethnic government. Sixteen years later, we have a longer time period and larger volume of data to reassess these verdicts. This article investigates ballot transfer and party vote–seat share patterns in the seven deeply divided polities with some experience of preferential voting for legislative elections or direct presidential elections (Northern Ireland, Fiji, Papua New Guinea, Estonia, Sri Lanka, Bosnia-Herzegovina and Southern Rhodesia). We find little support for centripetalist claims that such systems encourage ‘moderate’ parties. We argue that where district magnitude is low, where voters are required to rank preferences and where ticket voting prevails, departures from vote–seat proportionality may favour ‘moderate’ parties, but such heavily engineered systems may simply advantage the larger parties or yield erratic outcomes.

Political entrepreneurship and the Ko-P phenomenon in Taiwan’s democratization

ABSTRACTTaiwan’s economic modernization and political democratization after World War II have been praised as good examples for emerging countries. As of 2014, Taiwan has successfully gone through four direct presidential elections and two rounds of peaceful transfer of power. However, continuing sectarian quarrels between the ruling Kuomintang and the opposition Democratic Progressive Party cast doubt on the suitability of democracy for a Confucian society. This pessimism is challenged by the emergence of a new political star. A political novice, Ko Wen-je (aka Ko-P), won a landslide victory in the 2014 Taipei mayoral election, which is seen as a phenomenon. It has significant political implications and has so far inspired changes in the political landscape. The adoption of entrepreneurial strategies, such as identifying problems, leading by example, and team creation, are unprecedented in Taiwan’s political campaign. The Ko-P phenomenon demonstrates a self-correcting mechanism in Taiwan’s political system and bodes well for the future of new democracies, particularly for the Greater China Region.

The transborder elections in central Europe opportunities for voting abroad and the political integration of immigrants

This paper focuses on the electoral issues relating to modern international migration. The main topics of paper are the political electoral integration of immigrants in the Central European countries and also the opportunities for voting abroad. Voting from abroad is very important possibility for the citizens living abroad and for other expatriots. The Czech, Slovak and Polish political experience in this field is relatively long, but for Hungary it is new problem which has only existed for a couple of years. At present, all Central European countries allow their citizens living abroad to vote in parliamentary elections in some form or another, while some of them also permit voting in direct presidential elections. There are two models regarding to the political integration of immigrants: The more liberal model, which is typical for Hungary and Slovakia and more restrictive Czech and Polish model. Hungary and Slovakia permit the electoral participation on the local and regional level not only for the EU citizens living there, but for the third countries nationals too. The Czech Republic and Poland have opened their local electoral level only for the EU citizens.

Turkey: Presidential Elections, 2014

The first direct presidential election in Turkey is remarkable because of the thin margin with which Prime Minister Recep Tayyip Erdoğan was elected against the expectations of a massive support. It marks beginning of a new era in Turkish politics indicating widespread discontentment and fear regarding the policies of the Justice and Development Party (AKP). On the other hand, the ruling party has retained its support among conservatives, business, and middle classes, especially in Anatolia region. However, the rise of new political forces in the 2015 general elections that failed to give a clear majority to any group should force the AKP to rethink over its policies, particularly the rising concern of authoritarian behavior and appropriation of power. Further, concerns over crackdown of media and dissent and growing instances of violation of human rights may lead to a backlash from the electorate. The AKP government has also come in from criticism for its handling of the Syrian crisis and its action against Syrian Kurds may turn the fragile peace achieved with its own Kurdish population.

Russian

Russian

Faithful confidants or fickle coat-changers? Audience’s perceptions of celebrities in political campaigns before the first direct presidential election in the Czech Republic

As the first of its kind, the direct vote for the Czech presidency in 2013 was an exceptional event. In terms of political campaigning, an interesting aspect of the election was in the unprecedentedly high involvement of celebrities. Based on data from focus group research, the aim of this article is to analyse audiences’ perceptions of, and attitudes towards, the presence of celebrities in the campaign. Using Bourdieu’s field theory, two different attitudes of the respondents towards the blending of the field of politics with the field of popular culture are identified – the strict rejection of this blending and its acceptance as part of the contemporary conditions of political communication. Furthermore, differences in audience’s perception between the inhabitants of different localities are explored with attention to their possible impacts on people’s trust in celebrities’ political behaviour and in the functioning of politics as such.

An Australian View of the Pusan Political Crisis in Korea, 1952

This paper examines the ‘Pusan Political Crisis’ through Australian archival documents. Though Australia was a member of the UNTCOK (United Nations Temporary Commission on Korea), it opposed the strategy of the US to establish a divided government in Korea. Thus, Australia paid sharp attention to the political situation in Korea as it took part in the UNCURK (United Nations Commission for the Unification and Rehabilitation of Korea). The scramble for power broke out in Pusan, which was the ROK’s interim wartime capital. The president was to be elected by the National Assembly according to the Constitution, but the majority of National Assembly members didn’t support Syngman Rhee. Thus, he intended to change over to a direct presidential election system to win re-election. The members of the National Assembly opposed to Syngman Rhee appealed to the Australian diplomat to assist in preventing Rhee formally becoming a dictator. Although the Australian diplomat sincerely desired to intervene in this event due to his belief in and desire for adherence to democratic principles he was to some extent reluctant to do so as he did not have specific orders and to interfere in the domestic affairs of a sovereign was not a step to be taken lightly. Plimsoll was also fully aware of the propaganda victory it would give the Soviet Union-the UNO removing the head of state of a country it had brought into being. Eventually Rhee concluded this crisis by proclaiming martial law and arresting his opponents in the National Assembly.