Election Supervisory Research Articles

DAYA MENGIKAT PUTUSAN PANITIA PENGAWAS PEMILU DALAM PENYELESAIAN SENGKETA PEMILIHAN KEPALA DAERAH

This study aims to analyze the Binding Power of the Panwaslu's Decision in the dispute resolution trial for the parties, and to analyze whether the KPUD violates the law if it does not implement the Panwaslu's decision in the Settlement of Pilkada Disputes. This study uses a normative legal research type, in this case it is intended to conduct an assessment of the legal basis and legal doctrine related to the Binding Power of the Decisions of the Election Supervisory Committee in the Settlement of Regional Head Election Disputes. The legal material analysis technique used is prescriptive, in which the author provides a formulation of the concept of applying the rules of norms that can be used to solve the problems at hand. From this research, it can be seen that the binding power of the Panwaslu Decision in the settlement of regional election disputes based on Article 144 paragraph (1) of Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning Stipulation of Government Regulations in Lieu of Law Number 1 of 2014 Regarding the Election of Governors, Regents, and Mayors to become a law, it is binding. So that it is clear to get legal certainty for the parties to the dispute, the administration, and the organizers. As well as requiring the KPU to carry out or follow up on the Panwaslu's decision, this is also regulated in Article 144 paragraph (2) of Law Number 10 of 2016, so that as a legal state that adheres to and is based on law, the KPU is obliged to comply with what is said. written in the rules. As part of the State Administration Officials and Election Organizers, the KPU is obliged to carry out the decision. And of course, sanctions must be given if they do not carry out the decision, because the KPU can be said to have violated the law.

Urgency of The Position of District Election Supervisory Body in The Resolution of Disputes Between Participants in The Regional Head Election in Indonesia

The ad hoc position of the District Election supervisory body will have an impact on actions to carry out the functions and duties of the District Election supervisory body during the election of regional heads. This study aims to determine the urgency of the position of the District Election supervisory body in the formation of effective supervision in the Pilkada and to find out the Mechanism of Dispute Resolution between Election Participants by the District Election supervisory body in the election of regional heads. This study uses a normative juridical research method, with secondary data and a conceptual approach. The data were analyzed qualitatively. The result of the first study is that the decision of the Election supervisory body an ad hoc institution is binding but still limited and not final because the aggrieved party can file a lawsuit to the State Administrative High Court. The mechanism for resolving disputes between participants in the Pilkada organizers by the District Election supervisory body is regulated technically through Election supervisory body Number 2 of 2020. Disputes between participants are carried out on the principle of the quick and simple, same-day to achieve legal certainty and benefit in regional head elections.

The Construction Law System and Purification of Limitation from Bawaslu’s Authority

The aim of this research is analize Article 1 number 17 of Act No. 7 of 2017 concerning General Elections on the General Election Supervisory Agency (Bawaslu) as an election supervisory agency oriented towards monitoring the 'validity of the people's voice' and despite gaining strong legitimacy based on existing regulations. However, Bawaslu has several obstacles, including the issue of the enigma of Bawaslu's authority to give decisions related to the post-constitutional election decision from the Constitutional Court. This research methods was legal research using a conceptual approach and legislation based on three types of legal materials, namely primary legal materials, secondary legal materials, and non-legal materials. The results of this legal research show that when viewed from the aspect of structure, substance, and legal culture; the expansion of Bawaslu's authority has the potential to make Bawaslu less than optimal as well as to create overlapping powers between law enforcers; therefore, the aspects of professionalism and leadership must support it. In addition, the purification of the authority of Bawaslu is essential to optimize the duties and authorities of Bawaslu so that Bawaslu does not need to focus on expanding its authority.

Politik Hukum Kewenangan Badan Pengawasan Pemilihan Umum

The purpose of writing this article is to analyze every birth of General Election Law against The General Election Supervisory Agency (Bawaslu) authorities. The existence of the election supervisor institution from time to time has been more independent and more integrated from the terms of political law. This research uses a juridical normative research methode which use statutory approach, conceptual approach, and historical approach. The results of this article indicates that the current Bawaslu institution that has been regulated in Law No. 22 of 2007, Law No. 15 of 2011, and Law No. 7 of 20017 is much better from the terms of its institutional nature which is already fixed at central Bawaslu level, provincial Bawaslu level and currently there are regency/city Bawaslu level, which previously were only ad hoc. The authority Bawaslu has been strengthened with a dispute resolution authority, that is an important authority as the general election supervisory agency

SEKEDAR MELENGKAPI ATAU MEMENUHI SYARAT DEMOKRASI? MEMBACA TINGKAT PARTISIPASI PEREMPUAN DALAM PEMILU 2019 DI KOTA BEKASI

This article discusses about the level of women's participation in the 2019 general elections in Bekasi City. The participation of women in general elections can be seen from the participation of women as voters, an election organizers, and election participants. Based on the final voter list, there are 50.24% women voters in Bekasi, which is more than men voters. However, this large number is not correlated with women representation in legislative institutions or election organizers.The affirmative action that was fought for since the 2004 election regarding the quota of 30% for women in the parliament until the 2019 election has never been reached. The number of women's votes acquired in the 2019 elections in Bekasi City was 16% or 8 elected candidates of 50 total elected candidates. The legislative candidates with the top serial number still occupy votes. On the other hand, women candidates who have first serial number are only 24%. The representation of women in the election management as regulated in the Law on Election Organizer uses the word "pay attention to" for at least 30% (thirty percent) of women representation. The word "pay attention" implies the sense that there is no obligation or necessity for the composition of women as much as 30 percent both in the General Election Commission and in the Election Supervisory Agency. So that the number of women in election organizer is still very low, starting from the national level to the lowest level.

Law Enforcement Against Criminal Acts of Using Other People's Voting Rights in Elections

Election law issues can be said to be more complex. In addition to the many categories of problems, the implementation of handling election legal issues also involves many institutions/institutions. The type of research used in this research is normative juridical. The nature of this research is descriptive analytical. As for what is meant by descriptive analytical research is a research that can describe in detail and systematically about the object under study. Secondary legal materials include explanations of primary legal materials in the form of expert doctrine found in books, journals, and websites. The results of the study show that the provisions of Article 533 of Law Number 7 of 2017 concerning General Elections state that "Everyone who intentionally at the time of voting claims to be someone else and/or casts his vote more than 1 (one) time in 1 (one) time. TPS or more shall be sentenced to a maximum imprisonment of 1 (one) year 6 (six) months and a maximum fine of Rp. 48,000,000.00 (forty eight million rupiah)”. Law enforcement against the general election crime is carried out by the Election Supervisory Body (BAWASLU) whose task is to prevent and take action against election violations and election disputes as referred to in Article 93 letter b of Law no. 7 of 2017 concerning General Elections. who then cooperated with the police, one of the tasks of the Indonesian National Police in dealing with criminal acts of general election, namely conducting an investigation of election crimes that were reported to the National Police through Bawaslu, after the report found elements of a general election crime and also if proven the existence of an election crime, a prosecution can be carried out by the Prosecutor's Office, the demands given to the perpetrator of an election crime are in accordance with the violation that contains elements of the criminal act committed

Public Information Openness Strategy in Maintaining Quality and Accountability of 2024 Elections in Banten Province

The 2024 Simultaneous Election is a Democratic process that has been mutually agreed upon by the Government and the People's Representative Council. This process certainly does not only bring about constitutional consequences but also legal certainty which has implications for all stakeholders in the central, provincial and district/city governments in Indonesia. Accountability from election organizers, namely the General Election Commission (KPU) and the Election Supervisory Body (Bawaslu) in all stages is very important, because the stages and results determination process are expected not to cause conflict between election participants and their sympathizers. Then the quality of elections also needs to get serious attention, this quality is also related to the professionalism of election organizers, so to answer these two demands there needs to be information disclosure as stated in law number 14 of 2008 concerning public information transparency. Banten Province can run simultaneous elections in 2024 if the KPU and Bawaslu work in a professional and accountable manner from all stages. Election quality in Banten province can be achieved if the organizers know and implement the current regulations. Leadership Commitment, Collaboration with all stakeholders, and carrying out various innovations to convey Periodic information, immediately, and information at any time about the implementation of the 2024 Election must be carried out by the KPU and Bawaslu of Banten Province. Commitment, Collaboration and Innovation in the holding of elections in Banten province are novelties in this research. democratic, honest, fair, transparent and the results can be accounted for.

Transparansi Pelaporan Dana Kampanye Dalam Mewujudkan Pemilu Yang Berintegritas

ABSTRACTObjective: This study aims to describe the transparency of the 2019 election campaign funds based on the laws and regulations and to find out in depth the legal consequences and sanctions received by election participants in reporting campaign funds.Methodology : The type of research used is empirical juridical, namely, examining everything related to legal provisions, as they have been implemented and how they were implemented in the broader community. The research sites are at the General Election Commission (Komisi Pemilihan Umum) office of Blora Regency, the Office of the Election Supervisory Board, and the Liaison Officer of the participating political parties. In this study, the solution to the problem lies in the transparency of reporting campaign funds for 2019 election participants, which researchers emphasize on the election participants for candidates for members of the Regional People's Representative Council of Blora Regency.Results : Transparency in Law Number 7 of 2017 concerning General Elections and General Election Commission Regulation Number 24 of 2018 as amended by General Election Commission Regulation Number 34 of 2018 concerning General Election Campaign Funds and Implementation of Campaign Fund Reporting for Election Contestants to Realize The 2019 election had been held at the Blora Regency General Election Commission. The General Election Commission of Blora Regency had implemented transparency in campaign finance reports in the 2019 Election. This can be seen from the regulations governing the Blora Regency General Election Commission's strategy in applying the principle of transparency regarding campaign finance reports in the 2019 Election in Blora Regency.Applications of this study: This study is expected to produce a formulation on campaign finance reporting that will be used by the General Elections Commission to develop policies and regulations on campaign finance reporting.. Novelty/ Originality of this study: Election results have had a significant impact on Indonesia's democratic order from year to year. If a regulation is properly implemented, it will have an impact on the general election process's pattern of continuity. The goal of this study was to talk about campaign finance transparency in the 2019 elections in Blora Regency..

THE SUPERVISORY PERFORMANCE OF BAWASLU HULU SUNGAI UTARA IN THE 2019 ELECTION

The Hulu Sungai Utara Regency Election Supervisory Body is an Election organizing body tasked with overseeing the implementation of Elections, the problem is the improper installation and / or distribution of Campaign Props (Campaign), Campaign Materials (BK), Unclear division of labor. The purpose of this study was to determine the Performance of the Election Oversight Body in the Supervision of Election of the House of Representatives, Members of the Regional Representative Council, President and Vice President in 2019 at the Election Supervisory Body (Bawaslu) of North Hulu Sungai Regency and the factors that influence it. This research uses a qualitative approach with descriptive-qualitative type. Data collection techniques used were interviews, observation and documentation. Source of data taken through a purposive withdrawal of 15 people. After the data is collected, it is then analyzed using techniques including data reduction, data presentation, and data verification or drawing conclusions. Test the credibility of the data in this study is the extension of observation, increase perseverance, triangulation, negative case analysis, and hold a member check. The results of the research on the performance of the Election Oversight Body in the Supervision of the Election of the House of Representatives, Members of the Regional Representative Council, the President and Vice President in 2019 on the Election Supervisory Body (Bawaslu) of North Hulu Sungai Regency have not been good this can be seen from several indicators.

Election Governance Drafting a Special Voter List of Elections in 2019 in Indragiri Hulu Regency

The preparation of the electoral register is a problem in every election. One of the problems that often arises in the form of the number of eligible voters but not registered in the list of permanent voters. This is evident in the large number of voters of resident identity card users who are registered in the special voter list. This research aims to analyze the problem of special voter list of the 2019 election in Indragiri Hulu Regency, Riau Province. In this study, researchers used an election governance perspective consisting of three stages, namely the stages of rule making, the implementation of rules, and the adjudication of rules. This research uses a qualitative approach with case study methods. The results showed that based on the perspective of election governance, the contributing factor to the large number of special voter lists for the 2019 election in Indragiri Hulu regency was at three stages of election governance. At the rule-making stage, in the form of implications of several policies taken by actors involved in the drafting of the rules. At the stage of implementation of the rules, in the form of the implementation of voter list preparation activities in Indragiri Hulu Regency which is not good. While the stage of adjudication rules in the form of non-accommodating recommendations of the Indragiri Hulu District Election Supervisory Agency related to special voters. There are two factors that are at the root of the problem of the large number of special voters. The root of the problem related to special voters who have not been registered on the Permanent Voter List, due to the non-implementation of matching and re-research of voters at the stage of updating the voter list. While the root of the problem related to special voters who have been registered on the permanent voter list, due to the difference in the maximum number of voters per polling place in elections and elections, so it must be re-mapping polling stations.

Bad Organizers Make Difficulty of Indonesia's Democracy in 2024 National Simultaneous Election

Election organizers in Indonesia are often seen as obstacles to the growth of democracy. The presence of election administrators has become a serious problem in the development of democracy in Indonesia. In fact, very high hopes are given to the election organizers as a pillar that will determine the growth of Indonesian democracy. The reason is simple: Indonesian democracy has failed in the past, partly because of the role of the election organizers. The New Order became an opaque record for Indonesian democracy when election administrators became an inseparable part of the authoritarian regime. Even in the early days of reform, the election organizers could not be proud of their work and even became one of the sources of the problem itself. So it is not surprising that the election organizers, namely the Komisi Pemilihan Umum - KPU (General Elections Commission), were asked to supervise their work by establishing the Badan Pengawas Pemilu - Bawaslu (Election Supervisory Body) in 2008. The results achieved did not make the democratization process through general elections better. The poor technical work of election administrators means that election administrators cannot be allowed to work maturely and maturely, but special courts must be prepared for their bad work. The birth of the election ethics body, namely the Dewan Kehormatan Penyelengggara Pemilu - DKPP (The Honorary Council of Election Organizers), shows that the election organizers, namely the KPU and Bawaslu, are doing quite badly in building the electoral process. The big concern is the difficulty of holding a dignified general election in the 2024 national simultaneous elections.

Difficulty of Indonesia's Democracy in 2024 National Simultaneous Election

Election organizers in Indonesia are often seen as obstacles to the growth of democracy. The presence of election administrators has become a serious problem in the development of democracy in Indonesia. In fact, very high hopes are given to the election organizers as a pillar that will determine the growth of Indonesian democracy. The reason is simple: Indonesian democracy has failed in the past, partly because of the role of the election organizers. The New Order became an opaque record for Indonesian democracy when election administrators became an inseparable part of the authoritarian regime. Even in the early days of reform, the election organizers could not be proud of their work and even became one of the sources of the problem itself. So it is not surprising that the election organizers, namely the Komisi Pemilihan Umum - KPU (General Elections Commission), were asked to supervise their work by establishing the Badan Pengawas Pemilu - Bawaslu (Election Supervisory Body) in 2008. The results achieved did not make the democratization process through general elections better. The poor technical work of election administrators means that election administrators cannot be allowed to work maturely and maturely, but special courts must be prepared for their bad work. The birth of the election ethics body, namely the Dewan Kehormatan Penyelengggara Pemilu - DKPP (The Honorary Council of Election Organizers), shows that the election organizers, namely the KPU and Bawaslu, are doing quite badly in building the electoral process. The big concern is the difficulty of holding a dignified general election in the 2024 national simultaneous elections.

Election Supervisory Body's in Indonesia Post-Reform 2003-2017

Election Supervisory Body's in Indonesia Post-Reform 2003-2017

Accessibility of Voters with Disabilities in General Elections

Discrimination to voters with disabilities occurs recurrently although many efforts are taken to break such discrimination through regulations. This study intends to specifically describe the accessibility of voters with disabilities in the 2019 election, the obstacles, and recommendation for policy designs to improve the accessibility of voters with disabilities in elections. The simultaneous elections of 2019 which involve the legislative and presidential elections contribute to the complexity of the election, especially for the voters with disabilities. The qualitative research approach applies the analytical descriptive method. The data collection used literature studies on regulations, research results and articles related to disability. Primary data were obtained from interviews and observations (March-April 2019) in the city of Semarang. The data were also collected from documentary studies and online news searches regarding the policies/programs/activities of the General Election Commission (KPU), the General Election Supervisory Agency (Bawaslu) and organizations of disabilities, including using excerpts from their statements. The results of this study conclude that during the 2019 General Election KPU has not been able to remove social barriers to the fulfillment of the rights of disabled voters. The findings show that there is still discrimination for voters with disabilities in the 2019 elections which strengthens the findings of previous researches, although the regulatory aspect is better. The KPU policy of providing polling station (TPS) Akses at all polling stations is actually not effective in meeting their needs based on the types of disability. There are limitations on the budget and the availability to follow the topographic requirements of TPS Akses. As a recommendation, the quality of service needs to be improved by maximizing the accuracy of data for voters with disabilities, using the data as the basis for procurement and distribution of logistics and the establishment of TPS Akses, and as well as institutionalizing the synergy between KPU, local governments, and disabled community organizations/activists.

THE STRATEGY OF NORTH SUMATRA PROVINCE BAWASLU IN PREVENTING VIOLATIONS OF ELECTION IN 2019 THROUGH SOCIAL MEDIA

In the 2019 political year, social media has a very strategic role. In addition, the frequency of the emergence of hate speech and hoax news are even higher in the 2019 Election. Bawaslu as a supervisory institution has an important role to provide education to prevent election violations. So, in this study, researchers want to find out how the role and strategy of the Election Supervisory Body (Bawaslu) of North Sumatera Province prevent violations in the 2019 Election via social media. The formulation of the problem in this study is as follows: (1) What is the strategy of the North Sumatera Province Bawaslu in an effort to prevent violations of the 2019 Election via social media, (2) What is the role of the North Sumatera Province Bawaslu in an effort to prevent violations of the 2019 Election via social media.
 The purpose of this study is to find out and understand what the strategy and role of the Bawaslu of North Sumatera Province in an effort to prevent violations of the 2019 General Election via social media. In this study, data processing and presentation is carried out using qualitative analysis techniques with research procedures that are to explain, manage, describe and interpret research results as a feature, character, or description of certain conditions, or phenomena as answers to the problems studied. Data collection techniques are in the form of observation, interviews, and documentation. This research uses democratic election theory, supervisory theory and institutionalism approach.

The Performance of Election Organizers in the Implementation of the 2020 Regional Elections During The COVID-19 Pandemic

This study explains the performance of election organizers in implementing the 2020 regional election during the COVID-19 pandemic. This type of research is descriptive qualitative. This study's data comes from important scientific journal papers and reliable Indonesian mainstream media news sources like tempo.com, kompas.com, lokadata.id, Republika.co.id, tribunnews.com, and CNN Indonesia. The study's findings suggest that election organizers have no plans to postpone the simultaneous regional head elections scheduled for December 9, 2020, for the simple reason of ensuring the people's constitutional right to be elected and vote. It is impossible to predict when the COVID-19 pandemic will stop. The government does not want task executors to lead the areas. During the simultaneous regional elections on December 9, 2020, misinformation and coordination errors occurred between the government and the Election Supervisory Body, and the task force for the acceleration of handling COVID-19.

Model Pengintegrasian Penegakan Hukum Pilkada Serentak Guna Mewujudkan Keadilan Substantif (Evaluasi Penegakan Hukum Pilkada Serentak 2015-2020)

This research will examine and explore the evaluation of law enforcement practices in the 2015-2020 Concurrent Elections through various doors (justice in many rooms), namely Election Supervisory Board Province/Regency/City, State Administrative Court, District Court, Honorary Board of Election Organizers and Constitutional Court. The result triggers legal uncertainty and is oriented towards procedural fairness rather than substantive justice. This research is normative legal research. Research approach used is the principle of law, legislation, and conceptual. Data collection techniques are carried out using the library study method. Technical data analysis using hermeneutic methods, namely describing objectively and systematically the content of norms and practices interactively. In the future (ius costituendum) is needed integration (one roof system) in the enforcement of electoral law in order to achieve the ideals of substantive justice. The operationalization of this idea is to redesign the electoral law enforcement system through the revitalization of Election Supervisory Board current function as a semi-judicial Judicial Settlement Agency. Election Supervisory Board authority to complete cases of administrative violations, violations of the electoral process, and a code of conduct whose rulings are final and binding. While the dispute of election results is resolved through the Supreme Court in accordance with the provisions of Article 24 of the 1945 Constitution and Article 157 Paragraph (1) of Law Number 10 of 2016 concerning the Election of Governors, Regents and Mayors. Election Supervisory Board authority is designed to focus more on law enforcement with administrative sanctions instead of criminal.

Frase Kata Memerintahkan dan Merekomemendasikan dalam Putusan Bawaslu Terkait Pelanggaran Administratif Pemilu

Election Supervisory Agency Regulation Number 8 Year 2018 concerning Settlement of Election Administrative Violations has become a guideline for the Election Supervisory Agency in accepting, examining, reviewing, and deciding allegations of Election Administrative Violations. However, there are inconsistencies in the verdict draft stated in Article 55 and Article 56 where there are phrases “ordered” and “recommend”. The General Election Commission must follow up the verdict of the Election Supervisory Agency Election. The verdict of the Election Supervisory Agency contains the phrase “ordered” will not be interpreted otherwise. While the phrase “recommend” can be interpreted differently considering the word recommendation can be interpreted as a suggestion or input. This study is a normative legal research with a qualitative approach. Primary and secondary data were collected through interviews and legislation, general election books whereas the definitions of research variables obtained from dictionaries, encyclopedias and internet media. The results of this study indicates that the phrase “recommend” can be interpreted differently, therefore it has the potential for wrong execution.

Sentra Penegakan Hukum Terpadu dalam Konsep Sistem Peradilan Pidana Pemilu

The Center of Integrated Law Enforcement which is known as the “Sentra Gakkumdu” is a concrete manifestation of escort and supervision of the implementation of the General Election. The handling of alleged election crime violations has different work procedures, procedural law, and time limits, so that a one-stop handling pattern is established through Sentra Gakkumdu, which consists of elements of the Election Supervisory Body (Bawaslu), the Indonesian National Police and the Indonesian Attorney’s Office. Based on the different handling patterns in the Gakkumdu Center, it should be included in a stronger legal basis through special legislation regarding the Election Criminal Justice System, which regulates formal law and material law, and regulates the expansion of the Integrated Criminal Justice System consists of components of Sentra Gakkumdu, components of the Judiciary Institution, and components of the Penal Institution. This aims to accelerate the interconnection between individuals and institutions in the handling of alleged election crime violations in a more comprehensive manner. This article is prepared using normative juridical research methods through the Statute Approach, Comparative Approach,and Conceptual Approach, which aims to critically examine the work patterns of the Sentra Gakkumdu as a way to the Concept of the Election Criminal Justice System.

Meneguhkan Bawaslu Sebagai “Lembaga Peradilan” dalam Bingkai Pengawasan Pemilu

Law Number 7 of 2017 concerning on General Elections now has given strong authority to the Election Supervisory Agency (Bawaslu). The Election Supervisory Agency now does not only become a recommendation institution as stated in the previous Election law. Now the Election Supervisory Agency is the executor agency or case breaker. This was stated expressly in the formulation of Article 461 paragraph (1) of Law No.7 / 2017, that the Election Supervisory Agency, Provincial Election Supervisory Agency, Regency Election Supervisory Agency receive, examine, review, and decide election administration violations. Then paragraph 6 states that the decision of the Election Supervisory Agency, Provincial Election Supervisory Agency, Regency Election Supervisory Agency is to resolve election administration violations in the form of: first, administrative improvements to systems, procedures, or mechanisms in accordance with the provisions of the legislation; second, written warning; third, dissociate of certain stages in organizing elections; and fourth, other administrative sanctions in accordance with the provisions of the law. Based on that, this paper seeks to provide an analysis of the Election Supervisory Agency as an Election Supervisory Institution on the one hand, and as a judicial institution on the other side. The reason is that the Election Supervisory Agency now has a judicial function in implementing its authority, so that the procedure for resolving cases of election administration violations carried out in the Election Supervisory Agency is also in accordance with the judicial model of judicial institution in general. This paper also tries to confirm the performance of the Election Supervisory Agency as an institution that no longer needs to depend on the commitment of other institutions such as the KPU, the Police, and the prosecutor. Law No. 7/2017 has made the Election Supervisory Agency as the “real” supervisory institution. That is, the Election Supervisory Agency should be an institution that has an important role in realizing the implementation of the legitimate election system.