Electoral Law Research Articles

Analysis of Inhibiting Factors for Resolving Election Disputes Within the Authority of the Election Supervisory Board (Bawaslu)

The Election Supervisory Board (Bawaslu) has an important role in maintaining democracy in Indonesia, one of which is through resolving election disputes. This research aims to analyze the factors that hinder the resolution of election disputes within the authority of Bawaslu. The research method used is qualitative with a case study approach. Research data was obtained through in-depth interviews with key informants, namely Bawaslu members, academics and election law practitioners. The research results show that there are several factors that hinder the resolution of election disputes within Bawaslu's authority, namely: Time limitations: Election process disputes must be resolved quickly, so Bawaslu is often pressed for time; Limited human resources: Bawaslu lacks competent human resources in handling disputes, especially at the regional level; Budget limitations: Bawaslu's budget is often insufficient for dispute resolution needs, such as court and witness costs; Lack of coordination: Coordination between institutions regarding election dispute resolution still needs to be improved; Dispute complexity: Election disputes are often complex and involve many parties, so they require a lot of time and effort to resolve.

“2020 ОНЫ УЛСЫН ИХ ХУРЛЫН СОНГУУЛЬД НЭР ДЭВШИГЧДИЙН САНХҮҮГИЙН ЗАРЦУУЛАЛТАД ХИЙСЭН ШИНЖИЛГЭЭ”

Within the frame of this article, the authors aimed to clarify the relationship between the financial reports, financing structure, and cost comparison of the candidates in Ulaanbaatar by analyzing the financial reports of the candidates for the 2020 election of the State Great Khural issued by the National Audit Office. Additionally, the study involves analyzing the reports of candidates from the Mongolian People's Party (MPP), Democratic Party (DP), and National Labor Party (NLP) currently serving in Mongolian Parliament. The comparison includes examining public and local funds, elucidating spending differences and characteristics, and clarifying the impact of changes in election laws on candidate costs.

The Behind Discourse on the Extension of the President's Term of Office

Abstract: since the beginning of the 2024 simultaneous General Election (Election) stage, even before that, there have been sideways issues regarding the implementation of the election, among which the most dominant is the issue or discourse about extending the term of office of the president and postponing the 2024 election. These two discourses have become polemic in the midst of Indonesian society because some of them support it and others clearly reject it for the main reason, namely the constitutional mandate must be the basis for organizing the state. the government as the ruler is then strengthened by an analysis of academic theory according to the study of scientist C. Wright Mills an American sociologist who wrote The Power Elite in 1956 in which he gave rise to an understanding of elite theory. An understanding of the election law can realize that the legal loophole for extending the term of office of the president has been closed so that this discourse is not appropriate to continue to be put forward because it violates the constitution, as well as delaying elections which are considered to violate the constitution. As for the decision of the Central Jakarta District Court (PN), it is considered that the decision is categorized as flawed in the constitutional law rules as explained by several legal experts. In conclusion, the emergence of discourses as mentioned above is nothing but an attempt by interested parties, in this case, the ruling elites who are in the current government circle to remain in their seats of office. To prevent this, it is mandatory for the community to understand and adhere to constitutional rules in carrying out the life of the nation and state.
 Keywords: Delaying the 2024 Election ; Legal Basis for Elections; Elite Theory; Central Jakarta District court Decision; Elite Interests

Tantangan Penegakan Kode Etik Penyelenggara Pemilu Oleh Dewan Kehormatan Penyelenggara Pemilu (DKPP): Analisis Perspektif Undang-Undang No. 7 Tahun 2017 Tentang Pemilihan Umum

The study examines the challenges and potential solutions regarding the enforcement of ethical codes by the Election Organizers Honor Council (DKPP) under the 2017 General Election Law. Established in 2012, DKPP plays a crucial role in addressing violations of election organizers' ethical codes, as evidenced by a significant volume of complaints received between June 2019 and February 2023. Its institutionalization alongside the Election Commission (KPU) and the Election Supervisory Board (BAWASLU) reflects the government's commitment to upholding ethical conduct in elections, as mandated by the 2011 Election Organizer Law. Utilizing a normative legal research method, this study delves into the legal framework provided by the 2017 General Election Law and its subsidiary regulations to analyze DKPP's effectiveness in enforcing ethical codes. Despite DKPP's interventions, such as written warnings and temporary suspensions, which have influenced the behavior of election organizers, logistical challenges persist due to Indonesia's geographical diversity. Moreover, the limited scope of sanctions poses a deterrent challenge. To enhance DKPP's effectiveness, there is a need to bolster its regional presence, ideally establishing branches in each province. This decentralized approach would improve DKPP's efficiency and accessibility, thereby reinforcing its role in safeguarding the integrity of electoral processes. Overall, while DKPP has made significant progress in enforcing ethical codes, addressing logistical constraints and expanding punitive measures are essential for further enhancing its effectiveness.

Формализм и реализм в действии избирательного права глазами Верховного Суда РФ

The article is devoted to the vision of electoral law in the practice of administrative proceedings, which was reflected in the Resolution of the Plenum of the Supreme Court of the Russian Federation no. 24 of June 27, 2023. Attention is drawn to formalism as a recognition of the priority importance of form and realism as a priority of the values of authenticity of content. These priorities change places at different stages of the electoral process. These priorities change places at different stages of the electoral process. The prevailing tendency to strengthen formalism, avoidance of recognition of the existence of measures of legal responsibility in the electoral law does not contribute to the disclosure of the democratic potential of the content of the constitutional right of citizens to elect and be elected, uniformity of judicial practice.

Bawaslu's Authority to Resolve Disputes on Elected Candidates Internal to Political Parties in the 2024 Legislative Election

The open proportional system used in the 2024 Legislative Election with the determination of elected legislative candidates within political parties based on the majority of votes has resulted in disputes over elected candidates within political parties. This research aims to determine the provisions governing procedures for resolving disputes between internal political party candidates and institutions authorized to resolve disputes. The research method used is normative with descriptive analysis looking at Bawaslu's authority in resolving cases based on reports from fellow legislative candidate members within the party. The authority to determine elected candidates as legislative members is in the hands of the KPU/KPUD in stages. Thus, political parties cannot intervene in this authority in any form. The research results found that Bawaslu as the institution responsible for supervising the stages or process of elections as attributed to the Election Law, should be able to handle or resolve disputes between internal legislative candidates of political parties because it is explicitly stated in the academic text of Law no. 7 of 2017 that Bawaslu received and reviewed reports regarding alleged violations of Election Administration Provisions because disputes over elected candidates within political parties were included in the election dispute regime and not the political party dispute regime. The conclusion of this research is that this type of dispute can occur in the election process, especially in the process of determining elected legislative candidates by the KPU, provincial KPU, district/city KPU.

THE ROLE OF THE YOUNGER GENERATION IN PARTICIPATORY SUPERVISION GENERAL ELECTION IN 2024

The purpose of this research is first to describe the implementation of the 2024 General Election and, secondly, to describe the role of the younger generation in participatory supervision of the 2024 General Election. The normative legal research method uses legal materials as the main source, carried out using the philosophical, statute, conceptual, and historical approaches. The research results show that the 2024 general election will be the same as the 2019 election, namely that the legislative and presidential elections (Pilpres) will be held simultaneously. The legal basis for holding the 2024 General Election is the same as the 2019 General Election, namely Law Number 7 of 2017 concerning General Elections (Election Law). The 2024 general election stages begin on June 14, 2022; by Article 167 paragraph (6) of the Election Law, the general election stages begin 20 months before voting day, while voting day is February 14, 2024. Second, supervision of implementing general elections is a desire based on noble concerns (ultimate concerns), to achieve quality general elections. The existence of Bawaslu has experienced significant changes from time to time, which is a sign that its existence is very important for upholding general election justice. The limited number of supervisors is still one of the obstacles for Bawaslu in carrying out supervision at all stages of the general election. The younger generation's involvement in election supervision carried out by Bawaslu is participatory. Participatory supervision is generally described as a joint collective effort involving various components of society to supervise the implementation of general elections. The role of the young generation as participatory observers in general elections is to be able to provide initial information on suspected general election violations, participate in supervising/monitoring the implementation of general elections, prevent general election violations, and report suspected general election violations.

Institutionalisation of Electoral Authoritarianism : A Study of The Syria’s Assad Regime

Authoritarianism is a prevalent form of political system in the world where democratic political ideals are limited through advocating strict obedience to a single ruler or group arbitrarily. Electoral authoritarianism is a form that falls between democracy and authoritarianism. They practice authoritarianism behind the institutional façade of representative democracy. The formal structures, guidelines, and practices that make up a political system evolve through a process called institutionalisation. Institutionalisation serves authoritarian regimes' purpose of establishing stability and legitimacy. Establishing long-lasting laws and policies to support the authoritarian government can institutionalise authoritarianism. Electoral authoritarianism became a major form of political system in the post-Cold War era. The institutionalisation of electoral authoritarianism is visible in various countries, especially in West Asia. Syria is the best example, which has a long history of institutionalisation of authoritarian practices. This was most visible during the period of Hafez al Assad in 1970 and continued during his son Bashar Al Assad’s tenure. This institutionalisation is practised by manipulating the country’s constitution, institutions like the army, Judiciary, media, political parties and electoral laws.

The Stagnation, Retrogression, and Potential Pro-Voter Transformation of U.S. Election Law

The Stagnation, Retrogression, and Potential Pro-Voter Transformation of U.S. Election Law

Election Law and Democratic Governance

Election Law and Democratic Governance

Impact of Campaign Regulations on Electoral Freedom

This research scrutinizes Constitutional Court Decision No. 65/PUU-XXI/2023, focusing on the intersection of campaign regulations and the fundamental right to electoral choice in a democratic society. Using a normative legal research methodology, the study delves into the legal concepts, principles, and norms governing electoral campaigns, particularly regarding their conduct in educational institutions and government facilities. This approach is both descriptive and normative, relying on existing legislation, court decisions, and supplementary academic sources to construct a comprehensive understanding of the subject. The research identifies a lack of clarity in current regulations about campaigning in educational spaces, as highlighted by the absence of specific legal guidelines in this area. The analysis of the Constitutional Court's decision and related electoral laws, including Article 280 of the 2017 General Election Law, reveals a need for more precise legal provisions to regulate campaign mechanisms and concepts effectively. The findings suggest that while existing laws aim to uphold citizens' political rights to free choice, they lack detailed implementation strategies, particularly concerning youth engagement in political processes. The study advocates for policymakers and government officials to develop legal frameworks that extend campaign outreach not only to the non-educational population but also to young voters, fostering their involvement and understanding of political contests. This would contribute to the national goal of informed and active citizenship.Highlights:
 
 Ambiguity in Campaign Regulations: The study highlights the lack of clear guidelines for conducting electoral campaigns in educational settings.
 Constitutional Court's Influence: Examines the impact of Decision No. 65/PUU-XXI/2023 on the balance between free political choice and regulated campaigning.
 Youth Political Involvement: Emphasizes the need for legal reforms to enhance the political engagement and education of young voters.
 
 Keywords: Electoral Campaign Regulation, Constitutional Court Decision, Political Rights, Youth Engagement, Legal Framework

Historical Background of the Formation and Particularity of the Election Law of Bosnia and Herzegovina

Historical Background of the Formation and Particularity of the Election Law of Bosnia and Herzegovina

How Election Rules Affect Who Wins

Abstract Contemporary election reforms that are purported to increase or decrease turnout tend to have negligible effects on election outcomes. We offer an analytical framework to explain why. Contrary to heated political rhetoric, election policies have small effects on outcomes because they tend to target small shares of the electorate, have a small effect on turnout, and/or affect voters who are relatively balanced in their partisanship. After developing this framework, we address how the findings bear on minority voting rights. We then show that countermobilization from political parties cannot explain the small effects of election laws. We explain that even when a state passes multiple policies at the same time, the reforms will still only have a marginal effect on turnout and an ambiguous effect on who wins. Finally, we explain what policies should raise alarm about affecting outcomes.

Derailing Democracy, Shirking Responsibility: The New Election Law Landscape

Derailing Democracy, Shirking Responsibility: The New Election Law Landscape

공직선거법 체계정비를 위한 법제 개선 검토

Our country's election law has undergone formal changes over the course of constitutional history, and revisions to the specific content of the law have gone through a process of change that reflects the changes of the times or institutional improvements by election period. There has also been a history of intentional reorganization to conveniently strengthen the regime's governance structure or secure the legitimacy of its power base. However, it can be said that the rough history of election law revision has been focused on efforts to secure freedom and fairness in elections. However, despite this, the current Public Official Election Act is evaluated as a regulation-oriented legislation that prioritizes election fairness over election freedom, and is therefore evaluated as failing to properly reflect the changed election environment. In addition, the current Public Official Election Act shows confusion in the content of election procedural regulations and election campaign regulations. In addition, the complex structure of prohibition and penalty regulations creates a realistic problem in that it cannot function as a code of conduct for criminals. Therefore, improvement work to reorganize the system of the current Public Official Election Act is a legislative task that must be implemented.
 With this awareness in mind, this article examines ways to dualize the current single legal system. In other words, it is a plan to dualize the provisions of the current Public Official Election Act into the Election Procedure Act and the Election Campaign Act. Therefore, among the provisions of the current Public Official Election Act, I would like to classify the provisions related to election management and election procedures as the Election Procedure Act, and the provisions related to election participants under the Election Campaign Act. Next, we considered reorganizing the regulations related to political parties' activities by transferring them to the Political Parties Act and the regulations related to election expenses to the Political Funds Act. At the same time, we proposed a plan to reorganize the components of each prohibition provision to ensure predictability and legal stability by becoming a legal system that functions as a standard for election-related behavior even for the general public, not legal experts.

Regulation on the Position of the State Civil Apparatus in the General Sorting of Indonesia

This study examines the regulation of the position of the State Civil Apparatus (ASN) in the context of General Elections (Pemilu) in Indonesia. This research uses normative juridical method with qualitative descriptive analysis approach. Regulations on the position of civil servants are very clearly regulated in the legislation on how to regulate civil servants to be more optimal in supporting government activities to benefit the community as much as possible and be fair and always maintain neutrality in elections. Based on the results of the study, there are several regulations governing the position of civil servants in elections in Indonesia, namely the 1945 Constitution, the Civil Service Law, the Election Law, the Corps Life Government Regulation and the Civil Servant Code of Ethics, the Government Regulation on Civil Servant Discipline, and the Circular Letter of the Chairman of KASN concerning the Neutrality of Civil Servants.

Corruption and its Implications for Politics in South Asian Countries

This study measures corruption using survey data, newspaper reports, court records, anti-corruption agency records, and other sources. Corruption and problems with the government have been significant problems in South Asia since the early 1980s. The Corruption Perception Index (CPI) from Transparency International is recommended because it is a "robust" indicator that looks at many different ways to measure political corruption in each country. The root causes of corruption in South Asian countries, however, are a monopoly of government-controlled institutions, excessive regulations, convoluted tax and licencing systems, numerous government departments with opaque bureaucracies and discretionary powers, and a lack of transparency in laws and procedures. Tax evasion, which helps black money accumulate and lowers public morale, has a substantial negative impact on the economies and politics of South Asian nations. Since the 1980s, Pakistan, Bangladesh, India, and Bangladesh have all been officially charged with corruption. In addition, political rivals and the media frequently accuse the prime ministers of Sri Lanka and Nepal of corruption. In Bangladesh, Pakistan, and other South Asian countries, political bribery is widespread. In 2002, General Pervez Musharraf passed stringent election laws that forbade politicians convicted of a crime from seeking office. The rule's detractors believe that applying it would prevent the civilian community's two most influential political figures from challenging the military administration in elections later this year.

Kepastian Hukum dalam Penetapan Kriteria Money Politik menjelang Kampanye Pemilu 2024

The implementation of elections or regional elections is very vulnerable to corruption. Money politics is the origin of political corruption. Money politics is a serious problem in elections and elections in Indonesia, starting from the election of village heads, regional heads, legislative members, and the Regional Representative Council (DPD) to the President and Vice President, it is vulnerable to the practice of buying and selling votes. One recent example of allegations of money politics was the discovery of a case of giving away milk during the CFD on December 3 2023 by Vice President Gibran which according to Bawaslu was not an election violation and the case of distributing envelopes bearing the PDIP logo at a mosque in Sumenep amounting to IDR 300 thousand. Again, Bawaslu stated that it could not investigate the case in terms of violations of money politics provisions. This is because the Election Law only regulates the prohibition of money politics during the campaign period. Therefore, there needs to be a clear determination in determining the criteria for money politics. The type of research used is normative juridical with a statutory approach and a conceptual approach. There is a gap for the practice of money politics to occur in the upcoming 2024 elections due to the weakness of the regulations governing money politics. This weakness is not only in terms of material, such as if there are subjects of criminal acts who are not organizers, participants, and campaign teams who practice money politics during the campaign and quiet periods, then these perpetrators cannot be punished under the Election Law. Only election organizers, participants, and campaign teams are prohibited from engaging in money politics. Transactions giving money are sometimes not carried out by candidates directly but through intermediaries with the success team or parties who have an interest in the candidate. Legal uncertainty was also seen during the campaign period which only lasted 75 days. So if forms of money politics are carried out by candidates and their teams outside the campaign period, they are not included in the category of money politics

The Criminal Law Policy on the General Election System in Indonesia

General elections are a crucial pillar of democracy in Indonesia, allowing citizen participation in selecting leaders and shaping policies. Strong criminal law policies are necessary to preserve the integrity of elections, despite challenges in consistent law enforcement and clear definitions of election violations. The aim of this research is to assess the implementation and effectiveness of criminal law policies in preventing and addressing election violations in Indonesia and to identify their impact on the election process. The research findings indicate that the implementation of criminal law policies in preventing and addressing election violations is crucial. This is achieved through stringent election regulations, strict enforcement of criminal sanctions, careful monitoring and investigation, and swift handling of violations. The effectiveness of criminal law policies is also evident in deterring violations, ensuring transparency in funding, and active citizen participation in monitoring. Criminal law policies have a significant impact on the election process. Positive impacts include efforts to prevent election crimes, protect voting rights, and address election law violations through strict regulations. Prevention of election crimes such as spreading false information and the use of violence is tightly regulated to maintain election integrity. Protecting voters' rights is a focal point, with prohibitions against bribery and intimidation practices. However, the negative impact lies in the potential misuse of criminal law for political purposes, which can undermine the principles of presumption of innocence and human rights.

About the Problems of Party Representation in the Composition of Precinct Election Commissions

The article analyzes one of the relevant problems for the current electoral law of the Russian Federation, the problem of ensuring party representation in the formation of precinct election commissions. In accordance with the current electoral legislation of the Russian Federation, at least half of the composition of each precinct election commission is formed on the basis of proposals from parties represented in the federal and regional parliaments. However, for certain constituent entities of the Russian Federation, the issue of ensuring the principle of guaranteeing representation of all parliamentary parties in precinct election commissions is acute, since the problem of disproportionate representation arises, to the point that individual political parties are not allowed to be members of the majority of precinct election commissions. The purpose of our research is to develop a legislative solution that makes it possible “painlessly” for the law enforcement officer to provide guarantees for equal party representation for everyone. The research methodology is based on a theoretical analysis of the legal acts of the Russian Federation on the issue of ensuring a multi-party system using the example of the formation of precinct election commissions in the Primorsky Territory. The object of observation is the precinct election commissions of the Primorsky Territory during their formation in 2023. The scientific novelty lies in the formation of the author's approach to the legislative solution to the problem of ensuring multi-party system in the formation of precinct election commissions. This study proposes a solution to the problem under consideration that is accessible to law enforcement officials.