Election Supervisory Research Articles

The Violation of Bureaucracy at Local Election in Gowa South Sulawesi: Based on Weberian and Marxism Concept

State civil apparatus has mobilized by a pair of the candidate, Ichsan Yasin Limpo and Andi Mudzakkar (IYL-Cakka) on the 2018 South Sulawesi Local Election in Gowa was very structured and massive. That case is proved by the victory of Them in Gowa around 68.38 percent. The support from Gowa's society for the nominating process is 260 650 IYL-Cakka identity. Based on the result of administrative verification showed that 0.5 percent are civil state apparatus's identity and the result of factual verification is 1.53 percent. Meanwhile, the state civil Also apparatus supported them with symbols of the candidate. It’s proved by a report of 37 cases of neutrality violation to the South Sulawesi Provincial of the General Election Supervisory. This research method used a descriptive case study approach. The Data on this research used primary and secondary data. The data were collected from several methods: observation, interviews, and documentary. The result of this study indicated resources that supported instruction to them have consisted of two categories: 1) the instruction to the collected identity cards and 2) the instruction to used symbols. The identity cards were collected by three elements: the winning team for IYL-Cakka, the Headman and their staffs, and the other elements (agricultural extension workers and educators). The instruction to used symbols created has been done with the group in social media for all of the government head offices and created the formal regular meetings outside the Gowa (like as benchmarking).

The Violation of Bureaucracy at Local Election in Gowa South Sulawesi: Based on Weberian and Marxism Concept

State civil apparatus has mobilized by a pair of the candidate, Ichsan Yasin Limpo and Andi Mudzakkar (IYL-Cakka) on the 2018 South Sulawesi Local Election in Gowa was very structured and massive. That case is proved by the victory of Them in Gowa around 68.38 percent. The support from Gowa's society for the nominating process is 260 650 IYL-Cakka identity. Based on the result of administrative verification showed that 0.5 percent are civil state apparatus's identity and the result of factual verification is 1.53 percent. Meanwhile, the state civil Also apparatus supported them with symbols of the candidate. It’s proved by a report of 37 cases of neutrality violation to the South Sulawesi Provincial of the General Election Supervisory. This research method used a descriptive case study approach. The Data on this research used primary and secondary data. The data were collected from several methods: observation, interviews, and documentary. The result of this study indicated resources that supported instruction to them have consisted of two categories: 1) the instruction to the collected identity cards and 2) the instruction to used symbols. The identity cards were collected by three elements: the winning team for IYL-Cakka, the Headman and their staffs, and the other elements (agricultural extension workers and educators). The instruction to used symbols created has been done with the group in social media for all of the government head offices and created the formal regular meetings outside the Gowa (like as benchmarking).

The Violation of Bureaucracy at Local Election in Gowa South Sulawesi: Based on Weberian and Marxism Concept

State civil apparatus has mobilized by a pair of the candidate, Ichsan Yasin Limpo and Andi Mudzakkar (IYL-Cakka) on the 2018 South Sulawesi Local Election in Gowa was very structured and massive. That case is proved by the victory of Them in Gowa around 68.38 percent. The support from Gowa's society for the nominating process is 260 650 IYL-Cakka identity. Based on the result of administrative verification showed that 0.5 percent are civil state apparatus's identity and the result of factual verification is 1.53 percent. Meanwhile, the state civil Also apparatus supported them with symbols of the candidate. It’s proved by a report of 37 cases of neutrality violation to the South Sulawesi Provincial of the General Election Supervisory. This research method used a descriptive case study approach. The Data on this research used primary and secondary data. The data were collected from several methods: observation, interviews, and documentary. The result of this study indicated resources that supported instruction to them have consisted of two categories: 1) the instruction to the collected identity cards and 2) the instruction to used symbols. The identity cards were collected by three elements: the winning team for IYL-Cakka, the Headman and their staffs, and the other elements (agricultural extension workers and educators). The instruction to used symbols created has been done with the group in social media for all of the government head offices and created the formal regular meetings outside the Gowa (like as benchmarking).

Analisis Terhadap PenegakAnalisis Penegakan Hukum Pemilu Dalam Perspektif UU No 7 Tahun 2017

Abstract
 The title of this is article is "Analysis of Election Law Enforcement in the Perspective of Law No. 7 of 2017" The main problem we raised is how the KPU faces changes to Law No. 15 of 2011 concerning election administrators and Law Number 8 of 2012 concerning the election of DPR, DPD and DPRD Members into Law Number 7 of 2017 and what are the challenges faced by KPU in the Implementation of Laws Number 7 of 2017. In this paper the method we used is quantitative analysis that gives an overview of an object through certain analytical techniques. The ways that can be done by the KPU in dealing with changes to Law Number 15 Year 2011 concerning election administrators and Law Number 8 of 2012 concerning the election of DPR, DPD and DPRD Members become Law Number 7 Year 2017. Something that can be made are involving electoral institutions, which in this case is the Bawaslu (Election Supervisory Body) and its ranks. Therefore, Bawaslu must increase strict supervision in the administration of elections.
 Keywords: how to deal with changing laws, challenges faced by the KPU, Law Number 7 of 2017

Politik Mahar Di Indonesia: Antara Ada dan Tiada

Political parties are the only institution that has the right to propose candi- dates for president and vice president as stipulated in Article 6A paragraph 2 of the 1945 Constitution so that they will have power and legitimacy as heads of state and heads of government. These constitutional rights are not owned by any democratic institution other than political parties. However, in the process of holding the general election, it does not always go as expected, as stated in the KPU’s laws and regulations. There were irregulari- ties committed by candidates and by political parties in the form of Money Politics.According to the political dowry event is in the general election area based on the legal principle of Lex specialis derogat legimitation generaly which states that the law is specific (lex specialis) overrides the general law (lex generalis) the Money Politic event is resolved by an institution, namely Bawaslu (General Election Supervisory Board).Besides the Article 6A paragraph 2 of the 1945, there is also Law Number 10 of 2016 concerning the Second Amendment of Law No. 1 in 2015 concerning the stipulation of Perppu (the governmental regulation of low amandement) Number 1 in 2014 according to the governor’s election, regents and mayors, especially in Article 47, Article 187A,Article 187B, Article 187C and Article 187D which regulates general elections. But in reality there are many irregularities in the implementation of the Constitution and etc.Events in the form of political dowry still occured which is evidenced by the infor- mation given by several witnesses and as the victim and perpetrator of the political dowry. Surprisingly, the General Election Supervisory Board (Bawaslu) as an election watchdog institution mandated by the Act to enforce the prevailing regulations is very difficult to carry out its duties, reminding that Bawaslu has weaknesses in handling the alleged polit- ical dowry. The weakness of Bawaslu is that they do not have the power to take witnesses or people who will be questioned.The author argues that there is a need for a legal protection in the form of a law that provides better opportunities to Bawaslu so that the position of Bawaslu as an election supervisory bord can be much stronger.

Pengawasan Partisipatif Masyarakat Dalam Pemilihan Umum Serentak Presiden/Wakil Presiden Dan Pemilihan Umum Legislatif Tahun 2019 Di Kabupaten Kapuas

The purpose of this research is to see the supervision of elections conducted to realize the election held democratically, direct, common, used, confidential, honest, fair and quality. The success of electoral implementation is a common necessity for all people. Because only thus elected quality figures to lead the nation. The supervision of election implementation is a shared responsibility. People can conduct supervision with participatory supervision.
 The method of research is qualitative, data collected using methods of interview techniques, observations, and documents. Data processing is done with qualitative, which is using an interactive data analysis model.
 The results of the study showed: (1) The practice of participatory supervision was carried out by forming a "participatory supervision village" which was held in Basarang subdistrict namely Basarang Jaya Village, Straits district of Inner Straits and Kecamatan Kapuas Hulu in Desa Dirung Koram; (2) Supervision pattern developed namely coaching, socialization, discussion, and deliberation with the community leaders level RT, RW, the Arisan of the chairman of the RT every Saturday night, fitness gymnastics by mothers. and others; (3) Community participatory supervision village has contributed quite significantly to the results of the election implementation in the region, almost all villages/villages that become participatory supervision village successfully carried out the electoral activities safely, orderly, smoothly without any fraud measured by 0% report violations; 
 Research advice is (1) need to increase participatory election supervisory training activities in community groups at village/Kelurahan in all areas of the subdistrict; (2) Provide more socialization to the community layer; (3) Develop the presence of participatory supervision village that has been to become political culture, and form a participatory supervision village in all villages and sub-districts in Kapuas and central Kalimantan

Binding Legal Force of Supreme Court Decision over General Election Commission

Election Commission Regulation Number 26 Year 2018 established by the General Election Commission as a Follow-up to the Constitutional Court Decision Number 30 / PUU-XVI / 2018 which basically prohibits candidates for Regional Representative Council who are concurrently acting as administrators of political parties but the General Election Commission's rules are canceled by the Supreme Court based on its decision Number 65 / P / HUM / 2018. The purpose of this study is to analyze and find out whether the Supreme Court's Decision has binding legal force over the General Election Commission. The research method used is juridical-normative and qualitative analysis. The research results show that the Supreme Court Decision which nullifies legal norms in the General Election Commission Regulation still has binding legal force because in principle every judge's decision must be considered valid according to the law until there is equipment (res judicata pro veritate habetur), as well as the juridical decision of the Supreme Court immediately published in the State news, with the enactment of the Supreme Court's Decision it would naturally become the basis for the validity of the a quo Decision. The decision issued by the Supreme Court indirectly gave birth to a legal obligation for the General Election Commission, for that the General Election Commission must carry it out properly. Therefore, the Election Supervisory Body needs to oversee the election commission in carrying out the mandate of the decision.

Implementation of Integrated Law Enforcement Center (Gakkumdu) In The Handling of Criminal General Election for 2019 in West Sumatera

Gakkumdu as an integrated law enforcement center has an important role in handling election criminal acts. In Article 486 point (1) of Law Number 7 of 2017 concerning General Election, the Gakkumdu establishment is explicitly intended to equalize the understanding and pattern of handling election criminal acts by the Bawaslu, the Indonesian National Police, and the Attorney General's Office of the Republic of Indonesia. There are 2 (two) problems in this research, firstly how the function and mechanism of the Gakkumdu Center in handling 2019 Election crime. Second, how the implementation of the Gakkumdu Center function in law enforcement in 2019 Election in West Sumatra. This research approach is empirical (sociological juridical) with a statutory approach. The data was collected by interviews and studies on primary, secondary and tertiary legal materials. The results showed that first, the function of the Gakkumdu Center was to equalize the understanding and pattern of election crime handling between the Election Supervisory Body, the Police and the Prosecutor's Office with the mechanism of work starting with the receipt of reports and findings of alleged acts which allegedly constituted an election criminal act which had been regulated in the Act Law No. 7 of 2017 concerning General Elections. Second, the implementation of the function of the Gakkumdu Center in law enforcement for the 2019 Election in West Sumatra is carried out under the Election Law and Bawaslu Regulation No. 31 of 2018 concerning the Gakkumdu Center. From all findings and reports of alleged election crimes that entered the Gakkumdu Center in West Sumatra based on studies and discussions as well as plenary meetings and the results of the investigation there were 101 cases that constituted criminal acts. Of these cases, 17 cases have been tried and decided by the court. Thus, this study recommends that coordination between law enforcement officers manifested in the Gakkumdu Center be further improved for the implementation of subsequent elections so that all reports and findings can be processed and the government can increase the active role of the community in overseeing the implementation of elections because it is needed to realize quality elections .

Portrait of Political Campaign Violations at the 2019 General Elections in Pekanbaru

This study discusses election violations in 2019, which occurred in Pekanbaru. Six reports found to Election Supervisory Agency (BAWASLU), but none of these reports was followed up by BAWASLU. This phenomenon is the basis for the researcher to conduct a study of election violations in Pekanbaru to identify the forms of violations that occur. This study uses a descriptive qualitative approach and selects the informants with purposive sampling. The data obtained from interviews with the Election Supervisory Agency Pekanbaru. The results of this study indicate that the form of violations that occur are indications of money politics committed by candidates, and there is a successful team conducting a campaign process during the quiet period.

Capability of Updating the List of Permanent Voters by Pekanbaru Election Commission During 2019 Election

This article discusses the problem of double voter lists in Pekanbaru. General Elections Commission (KPU) Pekanbaru set 3.62 Million Final Voter List (DPT), and Election Supervisory Agency (Bawaslu) found 1,956 double DPT. The problem of double DPT is seen from the aspect of updating data from the KPU Pekanbaru in the process of determining the number of DPT through stages of matching and research (coklit). This study uses descriptive qualitative methods with informants determined by researchers. The informant for this research is KPU Pekanbaru. The data obtained have been analyzed with an ethical and emic approach to finding that the double DPT was caused by the coklit process, which was not optimally conducted by Pekanbaru's KPU. The coklit process was hampered because voters were not at their place, so the KPU only relied on data from the neighbourhood (RT).

EVALUASI YURIDIS SISTEM PENYELESAIAN SENGKETA PEMILIHAN UMUM DAN IUS CONSTITUENDUM PERADILAN KHUSUS PEMILIHAN UMUM

The General Election Judicial System in Indonesia currently runs partially in Indonesia because the institutional structure that plays a role in handling General Election cases consists of elusive anatomy. Some of these institutions include the Constitutional Court, the Election Supervisory Body, the Administrative Court and the District Court which have different portions of authority and lack synergy in their representation. This can lead to miscoordination and overlapping of authority. Therefore, the formation of a Special Election Judicial body is an alternative solution that can be done to maintain the implementation of a democratic General Election up to the stage of case resolution.

Penataan Struktur dan Kewenangan Komisi Pemilihan Umum, Badan Pengawas Pemilu dan Dewan Kehormatan Penyelenggara Pemilu Dalam Upaya Mewujudkan Pemilihan Umum yang Demokratis di Indonesia

The General election or in other terms called Election is an absolute requirement to carry out people's sovereignty for a democratic country and to establish itself as a democratic state. An election is used to be democratic or not, depends by the existence of an election organizing body or institution. In order to realize quality and capacity elections, professional electoral institutions are also needed. However, this will be difficult to realize if the electoral institutions itselves, between the General Election Commission (KPU), the Election Supervisory Body (Bawaslu) and the Election Administrators Honorary Council (DKPP) are having differences in opinion continually. This difference in opinion occurs because of the lack of clarity regarding the mechanism of organizing the election in the general election organs, so that the regulation must be corrected and explicitly clarified about the authority and responsibility of each general election organs. This research uses normative laws by the laws the election approach. The purpose of this research as a critic between KPU, Bawaslu and DKPP to carry out their authority by clarifying the mecanism of election management. With the explanation above, the author concludes that, between the KPU, Bawaslu and DKPP have to clarify their respective authority and responsibilities, so it isn’t to be a cause in differences opinion which would result in undemocratic elections.

Penataan Struktur dan Kewenangan Komisi Pemilihan Umum, Badan Pengawas Pemilu dan Dewan Kehormatan Penyelenggara Pemilu dalam Upaya Mewujudkan Pemilihan Umum yang Demokratis di Indonesia.

The General election or in other terms called Election is an absolute requirement to carry out people's sovereignty for a democratic country and to establish itself as a democratic state. An election is used to be democratic or not, depends on the existence of an election organizing body or institution. In order to realize quality and capacity elections, professional electoral institutions are also needed. However, this will be difficult to realize if the electoral institutions itself, between the General Election Commission (KPU), the Election Supervisory Body (Bawaslu) and the Election Administrators Honorary Council (DKPP) are having differences in opinion continually. This difference in opinion occurs because of the lack of clarity regarding the mechanism of organizing the election in the general election organs so that the regulation must be corrected and explicitly clarified about the authority and responsibility of each general election organ. This research uses normative laws by the laws of the election approaches. The purpose of this research as a critic between KPU, Bawaslu, and DKPP to carry out their authority by clarifying the mechanism of election management. With the explanation above, the author concludes that, between the KPU, Bawaslu and DKPP have to clarify their respective authority and responsibilities, so it isn’t to be a cause in differences opinion which would result in undemocratic elections.

Jejaring Kelembagaan Bawaslu dalam Penanganan Pelanggaran Pemilihan Umum Serentak Tahun 2019

Elections are a way of changing leadership carried out by democratic countries. In Indonesia there are election management institutions including the KPU, Bawaslu and DKPP. Each of these institutions has their own duties and functions and makes it possible to cooperate with each other. Not long ago, Indonesia held a Simultaneous Election held in 2019 which has more complexity than the previous election. With the complexity of the problem, demanding that the election organizers act more effectively so that the election administration runs well. This paper describes the strategic steps in carrying out the functions of the institution through relations between institutions and stakeholders. The conclusion of this paper shows that the Indonesian Election Supervisory Body as one of the organizing institutions in carrying out its supervisory functions conduct relationships between institutions which are categorized into four subjects, namely: (1) Government Institutions, (2) Non Government Organizations (NGOs), (3) Universities, and (4) Media.

Implementation of the Contante Justitie Principle of Justice in Local Leaders Election and General Election in Indonesia

The Settlement of Disputes over local leaders election and general election disputes in Indonesia is currently conducted in several legal institutions . The settlement, among others, was approved by the election supervisory agency (Bawaslu) and the Civil service arbitration tribunal (PTUN). To resolve disputes over the results of the local leaders and the general election conducted by the Constitutional Court. When there is a violation on code of conduct by the election organizer is resolved by The Honorary Council of The General Election Organizer . The settlement of disputes over general election and local leader election leaves an inconsistence if related to Law number 48 of 2009 concerning Judicial Power, which leads to legal uncertaity. This paper uses the normative research method by using an agreement (statute approach) and using a case (case approach). This paper analyzes the implemantation of the Contante Justitie Principle to realize legal objectives for justice, certainty and expediency. From these considerations emerged a new statement needed in court to resolve disputes over local leaders election and general election, so that the objective of law that had been aspired to were obtained.

Conflict Dynamic Framework: Religious Conflict Issues in Special Region of Yogyakarta

The researcher analyzed the conflict dynamic framework of religious conflict issues in the Special Region of Yogyakarta in 2014-2017. The research used qualitative descriptive research. Data collection techniques were primary data through interviews, observations, and secondary data through literature studies. Data analysis included data reduction, presentation, and verification. The results show that the conflict escalation degree in these past three years commonly is at the mass mobilization. Public-influencing religious and social figures successfully de-escalate it. Moreover, structural factors are triggered by education and policy of house of worship building, religious preaching, and exclusiveness. Those are also accelerated by society’s aggressiveness. Actors of conflict, in this case, are probably mass organizations and migrant communities. The related government agencies to resolve the conflict, and active participation from religious leaders, public figures, police, military, Ministry of Religious Affairs, Ministry of Law and Human Rights, Komisi Pemilihan Umum (KPU - General Elections Commission of Indonesia), and Badan Pengawas Pemilihan Umum (Bawaslu - Election Supervisory Board of Indonesia) are proven to have capacity to settle the issue.

EKSISTENSI DAN INTEGRITAS BAWASLU DALAM PENANGANAN SENGKETA PEMILU

As an institution that is presented to oversee the implementation of elections, the General Election Supervisory Board is expected the role and integrity so that the implementation of elections can run as expected and running smoothly. The formulation of the issues raised is how the role of Election Supervisory Body in handling election disputes in Indonesia. The research method used is juridical normative with primary law material. The result of the research is that the Election Supervisory Board has an important role as the guard of the general election as mandated in the Law on the Implementation of General Election, it is mentioned that the function of Election Supervisor is as described in the duties, authorities and obligations of General Election Supervision

KEWENANGAN PENGAWAS PEMILIHAN UMUM DALAM PELANGGARAN ADMINISTRATIF

After the Law of the Republic of Indonesia Number 7 of 2017 concerning General Elections was ratified by the President of the Republic of Indonesia, Joko Widodo, on August 15, 2017 and promulgated by the Minister of Law and Human Rights of the Republic of Indonesia, Yasonna Laoly, on August 16, 2017, there were changes to the regulation regarding the holding of general elections (Elections). One of these changes is the granting of authority to the Election Supervisory Body (Bawaslu), Provincial Bawaslu, and Regency / City Bawaslu in election administrative violations in the form of receiving, examining, reviewing and deciding election administrative violations. This is as stated in Article 461 paragraph (1) of the Republic of Indonesia Law Number 7 of 2017 concerning General Elections. The approach method used in this study is normative juridical. The results of this study indicate that the Election Supervisory Body (Bawaslu), Provincial Bawaslu, and Regency / City Bawaslu in election administrative violations have attribution authority in the form of receiving, examining, reviewing and deciding election administrative violations. Conclusions from the results of this study that the authority of election supervisors in administrative violations is based on the laws and regulations, namely the 1945 Constitution of the Republic of Indonesia; Republic of Indonesia Law Number 7 of 2017 concerning General Elections; and Regulation of the General Election Supervisory Agency Number 8 of 2018 concerning Settlement of Election Administration Violations and based on legal principles covering the principles of direct, public, free, confidential, honest and fair; the principle is done openly; and fast, impartial, and open principles and obstacles to the authority of the electoral supervisor in administrative violations are found in the components of substance, structure and legal culture, so that they have not been implemented effectively.

EFEKTIVITAS PENYELESAIAN PELANGGARAN ADMINISTRATIF PEMILIHAN UMUM BERDASARKAN UNDANG-UNDANG NOMOR 7 TAHUN 2017

The Elections (Elections) in Indonesia is a process of democratization to elect national leaders and people's representatives who are elected directly by the people. The process of organizing the General Election is carried out through the stages stipulated in the Election Commission Regulation. One of the stages that must be passed in the holding of elections is the implementation of campaigns that are part of the political education of the community. In the implementation of an election campaign, election participants can form a campaign team that is responsible for the technical implementation of the campaign. Election administrative violations often occur in the stages of the campaign carried out by election participants which can consequently be detrimental to the election organizers and fellow election participants. Every settlement of election administrative violations can be decided by the Election Supervisory Body (Bawaslu) no later than 7 (seven) working days after the findings and reports are received and registered and then recommended to the KPU for further action. In reality on the ground, there are still many cases of election administrative violations that cannot be resolved due to several obstacles faced, namely the difficulty of finding the reporting party and the limited time in the process of filing reports and findings

Prinsip Netralitas Aparatur Sipil Negara Dalam Pemilihan Kepala Daerah

This study aims to determine the factors, weaknesses and components that affect the neutrality of the State Civil Apparatus (ASN) in the recent regional election. This research is a non-doctrinal legal research/socio-legal research/sociology of law study by using the statutory and case approaches in the recent elections in Surakarta City, Sragen Regency and Bantul Regency. The nature of this research is descriptive analysis which intends to provide an overview of the existing condition of the neutrality of ASN in carrying out tasks related to the operation of law in the community. The results of the study concluded that in Surakarta, Sragen, and Bantul, some ASN were not neutral with several contributing factors including personal loyalty, familiar relations, career ambitions, ambiguity of regulations, ineffective law enforcement and low awareness of the community in civilizing the law. The embodiment of the neutrality of ASN in the regional elections can be done by optimally involving the role of several related institutions, including the State Civil Apparatus Commission (KASN), Bureaucratic Leadership, Regional Inspectorate, the Regional Civil Service Agency, the Election Commission and the Election Supervisory Body.