Legislative Members Research Articles

Choosing Expression Over Content: The Superficial Reasoning in Pradeep Kumar Sonthalia v. Dhiraj Sahu

The Supreme Court of India generally distinguishes between content and its expression to judge the precise legal implications if the case so demands. In the twilight of the year 2020, it delivered a judgment that not only digresses from this healthy norm but is also heinously per incuriam. The process of elections in India is not taken to be complete until the votes are validly counted, and this is more so the case with Rajya Sabha elections. In Pradeep Kumar Sonthalia v. Dhiraj Sahu, the Court seems to have disagreed, without any justifiable basis. The Supreme Court, through this decision, unduly focusses on the voter’s status during voting, not the vote’s status by the stage of electoral scrutiny. It commits one more error in construing disqualification of a sitting legislative member as only applicable against the member, not her acts. Disqualification has always been a tool to mitigate damage to the democratic will, as soon as the knowledge of something illegal comes to light. Additionally, the public law evolved to preserve the actions taken in public interest was wrongly applied, especially when Parliamentary privileges have notably excluded voting for Rajya Sabha elections from its ambit. The other line of reasoning it adopted is also the most unusual: grafting the presumption of innocence in favour of the convict, post-conviction/sentencing, that too in a non-criminal proceeding. All three errors in reasoning occur since the Court mistakes such elections to be ethically oriented towards expressivism. In reality, these are more approximate to the epistemic-ethics of voting. The implication of this misplaced assumption is debilitating damage to de-criminalisation of politics.

Women in the Parliament and Their Role in Formulating Gender Responsive Policies in East Nusa Tenggara

East Nusa Tenggara's culture is deeply-rooted in patriarchy. It is more common for women to engage in the private sphere, rather than the public sphere. However, the women of East Nusa Tenggara have recently defied this expectation. In the 2014 Provincial Legislative Election, six women were elected as legislative members for the 2014-2019 period, reflectinga 100 percent increase in the number of women elected as representatives. This event became an important phenomenon, marking the history of women's representation in the parliament. It also became the basis of two questions. First, how the six women managed to enter politics amidst the strong patriarchy in East Nusa Tenggara. Second, the roles of the six women in formulating policies that are gender-responsive.This study focuses on local regulations relating to maternal and child health, the environment, and labor in order to have a holistic view on gender-responsive policies. This study is qualitative in nature and is centered on case study, while information was gathered through an in-depth interview with each of the six female representatives. Furthermore, the administrators of six political parties, namely Nasional Demokrat, GolonganKarya, Demokasi Indonesia Perjuangan, Amanat Nasional, Hati Nurani Rakyat, and Kebangkitan Bangsa were also interviewed. The principal findings of this study show that the election of these women in 2014 are connected to their "acting for" substantive representation and the support given by their families. With the increase of female representation in the legislative sphere, women are encouraged to be engaged in formulating gender-responsive policies in East Nusa Tenggara.

Strategi Normativitas Pembatasan Terpidana dalam Proses Pemilihan Umum di Indonesia

The polemic of ex-convict candidates for legislative members has given special attention to academics and the general public. In this case, the polemic lies in the overlap between regulations number 7 of 2017 about General Elections and Regulation of Election Commission number 20 of 2018 about the nominations of DPR, provincial DPRD and Regency / city DPRD members. The core problem in the regulation is the limitation of political rights for ex-convicts (Croupier of Drugs, Sexual Crimes against Children and Corruption). Whereas the higher level regulation does not limit this. This research is a library research. Namely research that uses all sources of research from books, journals, articles, research, laws, and from the internet. After the sources are obtained and then analyzed using related theories. This research focuses on the normativity strategy that should have been carried out and applied by the general election commission in limiting former convicts in the 2019 general election. The normativity strategy that should be carried out by the general election commission on the limitation of convicted persons in general elections in Indonesia is the making of regulations relating to the submission of honesty to the public that those who nominate themselves as prospective legislative candidates are ex-convicts. One of the strategies that must be regulated in the regulation is, Submission to the public through social media, in this case the delivery must be regulated more stringently and in more detailed procedures, because it is feared that political actors whose status as ex-convicts only pay to one television station and get a certificate or proof. However, the provision of information is not broadcast on the television station, and so forth.

PENGATURAN DALAM UNDANG-UNDANG HAK POLITIK MANTAN TERPIDANA KASUS TINDAK PIDANA KORUPSI SEBAGAI CALON ANGGOTA LEGISLATIF PADA PEMILIHAN UMUM TAHUN 2019

General election is a means of democracy that is used to elect people's representatives to sit as legislative members in the MPR, DPR, DPD and DPRD. The election was conducted in accordance with Article 2 paragraph (1) of the 1945 Constitution. The 2019 election was also attended by former convicted corruption cases. This is in accordance with PKPU rules Number 20 of 2018. With this decision, an extra-judicial polemic arises which is appropriate and important to be studied more specifically and academically. The formulation of the problem in this research is, How to regulate the political rights of former convicted corruption cases as legislative candidates in the 2019 general election? What are the implications of regulating the political rights of former convicts of corruption as a candidate for legislative members in the 2019 General Elections on Human Rights? The specification of this research is normative juridical research, which is a form of research that aims to describe the applicable laws and regulations, linked to legal theories and practice of positive law enforcement, which will later be linked to the problems examined in this scientific paper. Based on the results of the analysis, answers can be obtained: 1) The Political Rights Regulation of Former Convicted Corruption Crime Cases as Legislative Candidates in the General Election Year contradicts a higher law because based on the mandate of article 4 paragraph (3) Number 20 of 2018 concerning Election Commission Regulations General as well as article 240 paragraph (1) letter (g) of Law Number 7 of 2017 concerning General Elections. Article 28 letter d of the 1945 Constitution of the Republic of Indonesia. 2) Implications of regulating the political rights of former convicted corruption cases as candidates for legislative members in the 2019 general election against human rights, revocation of political rights for convicted corruption cases by human rights law activists (HAM) is of the view that deprivation of political rights is a violation of human rights. This is still debatable, because every sentence is basically a violation of human rights, but the violation is allowed, as long as it is based on the law.

The Legal Politics of Recall Right of Political Parties Relevance with the System of Popular Sovereignty In Dynamics of the Constitution of Indonesia

The existence of regulation of recall rights of political parties as regulated in Law No. 17 of 2014 and Law No. 2 of 2008 bring a great influence on the position of legislative members. Based on these rules, legislators may be dismissed from their positions if proposed by Political Party. This certainly brings a polemic for the people as the sovereign owner, who have chosen their representatives through the electoral process, but when chosen representatives of the people can be dismissed from his position by a political parties through the mechanism of the right of recall. This research was done by doctrinal method approach as well as the use of the statute, historical, and conceptual approach. This results showed that the legal politics of recall right of political parties is actually only used as an instrument of the political parties in controlling its members in parliament in order to always adhere to the party's policy direction. This makes the recall right political party is legal products that characterized conservative or orthodox. The existence of a political party's recall rights order gives a great authority to the political parties to negate the result of the people's choice as the holder of sovereignty for the sake of the political party. The function of political parties as a means of political recruitment in the process of filling political office in this case as members of the legislature, should have been completed after the people chose their representatives through electoral mechanisms. Therefore, it is necessary for the reconstruction of the ideal and relevant recall rights arrangement to the people's sovereignty.

PENGARUH JUMLAH ANGGOTA LEGISLATIF TERHADAP KINERJA NON KEUANGAN, DIMEDIASI MANDATORY SPENDING

This study aims to examine the direct and indirect effects of the number of legislative members on mandatory spending on education and health spending and their impact on non-financial performance (junior high school enrollment rates and community services with health workers). The population in regency and municipal governments in Southern Sumatra, from 2016 to 2018, brings up 174 observations. Testing using regression and path analysis. The results showed that the direct effect of the number of legislative members on mandatory spending on education and health spending was positive and significant, the effect of mandatory spending on education and health spending on the enrollment rate of junior high school and community services with health workers was positive and significant. Furthermore, the direct and indirect effect of the number of legislative members on the Junior High School Net Enrollment Rate is positive and significant, while the direct effect of the number of legislative members on community services with health personnel is negative, but the indirect effect is positive. Furthermore, the direct and indirect effect of the number of legislative members on the Junior High School Net Enrollment Rate is positive and significant, while the direct effect of the number of legislative members on community services with health personnel is negative, but the indirect effect is positive.

Strategi Komunikasi Pemasaran Politik Pada Pemilu Legislatif

The large number of parties in the 2019 legislative elections made political parties have to compete for political power in their constituencies. Political marketing communication strategies are needed to get the most votes and win in the democratic event every 5 years in Indonesia. East Nusa Tenggara I became one of the electoral districts that experienced fierce competition among the political parties, due to the large number of elite legislative members and political activists in this area. However, Nasdem as a new party was able to gain the most votes and won the 2019 legislative elections. Therefore, the objective of this study is to understand how the political marketing communication strategy used by Nasdem in East Nusa Tenggara Province, especially in the NTT electoral district I to win the 2019 legislative elections. The research used the concept of political parties, political campaigns, and political marketing communication using a qualitative approach and in-depth interview techniques. As a result, sales oriented political party marketing communication strategies used by Nasdem in the 2019 elections in the electoral district of East Nusa Tenggara Province I won the most votes. This strategy aims to get the number of votes from potential voters, and the representation of parties and personal figures that are 'sold' by political parties. Personal figures of the candidates have more impact for winning legislative elections than political party ideologies.

Political Phenomenon of Women in Culture Patriarchy in Gianyar, Bali

This study aims to determine the political phenomena of women in a patriarchal culture in Gianyar Regency, Bali and to find out the perception of the community in Gianyar Regency, Bali on women's representation in the 2019 legislative elections. This study uses a descriptive qualitative approach. The sampling technique in determining informants used the purposive sampling method. Data collection is done through observation. Interview and documentation study. The results showed that the phenomenon of patriarchal culture influenced the political participation of women in Gianyar Regency, Bali. The low representation of women legislative members is due to the patriarchal culture which is still thick in Bali, especially the people in Gianyar Regency. Patriarchal culture is a major obstacle that hinders the political participation of Balinese women. Also, there are besides several other factors such as education and public understanding of the use of political rights for each community, the limitations of information media, human resources, and financial resources, cause the low participation of women in politics.

Kedudukan Komisi Aparatur Sipil Negara dalam Menjaga Netralitas Aparatur Sipil Negara pada Pemilihan Umum 2019 Ditinjau dari Undang-Undang Nomor 7 Tahun 2017 Tentang Pemilihan Umum (Studi Kasus pada Pemilu 2019 di Provinsi Banten)

The 2019 General Election which is a combination of the Presidential Election and the Election of legislative members still raises several issues regarding the neutrality of the ASN in its implementation in Banten Province. ASN neutrality is in the public spotlight because there are still cases that occurred in the 2019 Election Period in Banten Province. KASN has the authority to oversee the application of the ASN code of conduct both at the central and regional levels. This research uses a qualitative research method with descriptive research type. Based on the results of the study in this study, a number of violations have been found related to ASN neutrality, in the legislation has a lot to regulate the limitations of the ASN when facing Elections, this shows that the government is committed to protecting ASN from various conflicts of interest that can occur. In this regard, KASN has issued various recommendations related to violations of ASN neutrality that occurred during the 2019 Elections in Banten Province. KASN has enforced law against non-neutral ASNs in the 2019 elections. As a result the ASN recommended by KASN to officials responsible for each agency was given strict sanctions according to the level of violations.

Women’s Representation in Politics: Case Study of Women Legislative Member in Regional of Representatives Nusa Tenggara Timur Period of 2014-2019

This article explores women’s representation in politics in the Province of East Nusa Tenggara (Nusa Tenggara Timur/NTT) between 2014 and 2019. Since 2004, Indonesia has seen the implementation of a strategy to boost the level of female representation in parliament through affirmative action. However, the 30% target quote has not yet been achieved. Women’s representation in politics is an important indicator in the political system reflecting a recognition of the existence and interests of women as citizens. The success of the initiative is highlighted by the fact that the 2014 legislative elections saw female representation in the Regional House of Representatives (DPRD NTT) increase by 100% from the 2009 election representation levels. Using the case study method and analyzing the process, this article argues that NTT women already have the awareness to actively participate in politics and become party representatives and legislative members. The presence of women in parliament is necessary to achieve gender equality and improve women’s welfare through gender-responsive policies.
 Keywords: representation, politics, women, east nusa tenggara

Celebrities in the Recruitment of Candidates for Legislative Members of the Indonesian Parliament in the Legislative Elections

The 2019 Legislative Election featured many celebrities involved in the contestation, where a total of 11 of the 16 political parties had legislative candidates from the celebrity circles. Democratic National Party (NasDem) became the party that nominated most celebrities as legislative candidates. Armed with the popularity that has made celebrities attract political parties to nominate them to increase the vote acquisition and even the number of seats. The process of recruiting legislative candidates from celebrities by the NasDem Party is the focus of this research on how the approach and process are carried out. The study uses qualitative analysis with a descriptive approach to describe the process that occurs through interviews and review of documents and news as a source of data. The results obtained indicate that the NasDem Party’s legislative candidate was recruited using an approach that involved the NasDem Party elite and fellow celebrities as intermediaries. Factors driving celebrities to become the NasDem Party’s legislative candidates are moral support (debriefing, fostering, and active interaction with party elites) and material (Campaign Props, campaign costs, financial reimbursement), Indonesian Restoration slogans, and anti-dowry politics, as well as egalitarian politics attitudes. Celebrity-related research in politics has focused a lot on the role of transformation from entertainment to politics. In contrast, this research has focused on recruiting celebrities as legislative candidates by the NasDem Party.

Rekonstruksi Syarat Anggota Dewan Perwakilan Rakyat Dalam Perspektif Ketatanegaraan Islam

The many polemics that occur in the House of Representatives of the Republic of Indonesia (DPR RI), starting from the lack of the maximum legislative function where the Parliament is considered not productive in producing laws, instead of being productive, when producing Draft Laws actually results in highly controversial results. Like the latest Penal Code Bill, the Corruption Eradication Commission Law revised and caused turmoil in the community. Slanted news about legislative institutions in Indonesia has become a public secret, ranging from the lack of members present at meetings to those who are sleeping together and other issues. This research summarizes the opinions of thinkers in the world of Islamic state administration so that analyzing the capability or competence of DPR members is the main cause that causes a number of problems that occur. Furthermore, the concept of Islamic constitutionality answers that the professionalism and expertise aspects are the main priorities of those who fill positions in the legislature. So that there is a need to reconstruct the conditions of people who will fill the positions of DPR members needed by people who have capabilities and expertise in both the legislative, budgetary and supervisory functions. The estuary is the maximum performance of legislative members who are the presentations of all Indonesian people.

Legislative Members’ Interpretation of Community’s Aspiration

The process of discussion and arrangement of regulation is not only carried out by legislative and government but also involves the community. The involvement of the community is crucial because the regulation formulated is not only for local government interest and DPRD (Regional Representative Council), but also for the community. This research aims to discover and analyze how legislative members interpret community aspiration in the arrangement of regulation, particularly, regulation on regional retribution. The legislative members are active and creative individuals, having their world, and different from other individuals outside the legislative members. Therefore, qualitative research method with case study approach is considered relevant to reveal the phenomenon. The object of the research comprises the legislative members determined purposively. The data were collected through participation observation, interview, documentation study, and focus group discussion. The results of research show that the community aspirations often face the interest of political party of the legislative members. The legislative members should be able to harmonize these two different interests. The conclusion can be drawn that the legislative members interpret the community aspiration differently (in the meaning) and based on their political behaviors.

Criminal Act of Destruction of Campaign Props of Candidates for dark election 2019 Gorontalo province

Abstract: This study aims to find out what factors are behind the perpetrators of the destruction of campaign props belonging to the Dprd Candidate in the 2019 General Election in The Gorontalo Province General Election Supervisory Agency and to find out how law enforcement efforts against criminals damage the campaign props of the DPRD Candidate in the 2019 General Election are reviewed from Law No. 7 of 2017 concerning general elections. The results of this study show: First,law enforcement efforts carried out by The Election Supervisory Agency together with gakumdu in handling election crimes against perpetrators of APK destruction in accordance with the applicable regulations as the provisions of Article 486 of Law No. 7 of 2017 concerning General Elections, Election Supervisory Agency Gorontalo Province and Regency / City in handling findings / reports of alleged election crimes including destruction of APK then enforcement The law is carried out jointly with the police and prosecutors through the Integrated Law Enforcement Center (Sentra Gakkumdu); Second,the factors behind the perpetrators doing damage to campaign props belonging to the DPRD Candidate in the 2019 General Election are (1) Weak awareness and knowledge of election law; (2) The existence of fanatical and anti-presidential behavior against certain Candidates / Election Participants; (3) The influence of liquor so that the perpetrators do damage to campaign props (billboards) belonging to one of the legislative candidates. Keywords: Destruction, APK, Legislative Member, Elections

Beginner Voter Perception of Presidential Candidates (Case Study of the Presidential Election in 2019)

In the 2019 general election, the Indonesian people simultaneously elected the President and Vice President and legislative members. The Indonesian people are waiting for who will lead the next five years, especially for the President and Vice President with figures Joko Widodo - Ma'ruf Amin and challenger Prabowo Subianto - Sandiagan Uno. This study aims to determine the perceptions of first-time voters in the two-figure Presidential election in 2019. This study uses a quantitative descriptive study, data obtained from the sample of the study population were analyzed according to the statistical methods used. Descriptive research in this study is intended to get the perception of novice voters at SMAN 5 Surakarta of the presidential candidates in the 2019 general election. There are several things that can affect perceptions about the figure of the President, namely leadership, anti-corruption, welfare, nationalism and change for a more Indonesian state good. All factors are obtained through social media owned by novice voters. Beginner voters in SMAN 5 Surakarta are in the category of critical voters because with knowledge of social media and issues in the media are able to assess whether the prospective leader is eligible to be elected in the general election.

Strategi Politik Identitas Perempuan dalam Pemilihan Umum Legislatif 2019 (Studi tentang Kemenangan Ade Kartika di Daerah Pemilihan II Kabupaten Majalengka)

This study describes the identity politics strategy of legislative candidates in the local political constellation. The focus of this study is about the victory of Ade Kartika in the electoral area II with the composition of the Districts of Kertajati, Jatitujuh, Ligung and Jatiwangi. This study aims to find out more closely related to the political strategy of candidates for legislative members by using the issue of gender identity as the main capital in the legislative political constellation in 2019. The concept of identity politics is used as an analytical tool to reveal how the identity politics strategy works in winning candidates. This study used descriptive method with a qualitative approach. Data analysis was performed using interview methods and relevant literature studies. As a result, this research shows that women's political strategy is based on aspects of group identity and gender ties.

Women's Power and Electability in Southeast Sulawesi: A Case Study for Provincial and National Legislative Candidate

This research examined the role of power in increasing the choice of women legislative candidates. Women's electability has increased in the four election periods (2004, 2009, 2014, 2019) in Southeast Sulawesi. The interesting thing on the results of the 2014 election found that eight of the nine elected women legislators are the wives of four active regents, three former regents, and the governor during the election process. They are the 'new face' in the politics and previously have never become a legislative member, except become the Chair of the Dharma Wanita who are accompanying their husbands as regional heads. The reasons for women's electability in the legislative underlie this research. Through a qualitative approach, this study found that the power resources were owned by their families (money and bureaucracy) and personal abilities were also the factors of choice. In the context of Southeast Sulawesi, this study found a change in the vote mobilization strategies. Ethnic mobilization (locality) that characterized the local politics of Southeast Sulawesi had a smaller impact on the election, whereas money politics (economic resource) and bureaucratic politicization (normative) had a strong impact on the voters. This study enriches the findings in the vote mobilization strategies, namely the combination of locality/friends-neighbors (ethnicity), money and bureaucracy as the factors of politicians' electability.

SOCIAL NETWORKS AS A POLITICAL RESOURCE: REVISITING THE KOREAN DEMOCRATIC TRANSITION

AbstractIn this paper, we study how political parties react to democratic transitions. We find that the structure of legislators’ social networks plays a critical role in shaping their political interactions during the transition period, and consequently, the post-transition party systems that emerge. We focus on the Korean case, where the incumbent authoritarian party merged with one of its pro-democracy opponents to create a powerful and enduring conservative party under democratic rule. Using a novel individual-level dataset on all legislative members during the transition, we find that the merger was facilitated by dense social networks linking members of the merged parties, which increased trust across the parties and reduced the difficulty of a merger. Conversely, we find that the paucity of ties linking pro-democracy parties hindered their long-term cooperation, despite their shared ideologies and policy goals. The study complements existing theories by providing a network-based explanation for the weakly institutionalized political party system that has characterized Korean politics since democratization.

Expertise and the Championing of Policy Innovations in State Legislatures

Innovative ideas often need champions to advocate for them. The study of policy innovation, however, has often focused on enactments rather than earlier stages of the legislative process, in which the actions of a bill’s advocates may be especially crucial. In this paper, I ask who the champions of policy innovations are, focusing on two categories of legislators whose expertise makes them likely advocates: individuals with relevant professional backgrounds and individuals serving on relevant legislative committees. However, I also argue that the impact of expertise is conditional: as policies diffuse more widely, the role of expertise fades in importance, and champions can come from the broader legislative membership. To test these claims, I examine bill authorship and cosponsorship across 14 criminal justice policies between 1993 and 2004. I find that committee membership and professional background are indeed powerful predictors, but that their impact decreases as more states adopt the policy.

“Political Reposition of Authority in South Nias DPRD Members in 2014 Election (A Study on Social Construction of Peter L. Berger)”

The establishment of South Nias Regency is of course accompanied by the formation of new legislative and executive institutions to run the government. The formation of these institutions provided an opportunity for the emergence of local Nias Selatan Elits to take up positions as legislators and regional heads. Reflecting from the above view, this research is a case study that focuses on developing in-depth descriptions and explanations of the meaning of the position of legislative members in South Nias in 2014. specifically the perspective of Peter L Berger's social construction. reality of the meaning of office is in the view of members of the South Nias DPRD, namely as a mandate, arena of contestation, and aspects of interests. The factors underlying the interest of South Nias DPRD members towards positions were formed in two spheres, namely the individual domain and the community domain. In the individual domain, their interest in the position is motivated by four factors, namely internal motivation, external motivation, skills, and goals. While in the community domain there are three factors, namely the previous orientation, current orientation, and future orientation.