Political Citizenship Rights Research Articles

Pertimbangan Hukum dalam Penyelesaian Sengketa Proses Pencalonan Peserta Pemilihan Umum di Pengadilan

Elections are a pillar of democracy that not only guarantees the political rights of citizens, but also demands consistent and fair implementation of the law. The purpose of this article is to find out about the regulations governing the Election Participant Nomination Process including its resolution in the event of a dispute and its implementation in the PTUN Decision Number 583/G/SPPU/2023/PTUN.JKT. The research method used in this preparation uses the normative legal method, which is carried out by examining literature or secondary data consisting of primary, secondary, and tertiary legal materials. The results of this study are that Law No. 7 of 2017 has regulated the general election process and MA Regulation No. 5 of 2017 concerning the settlement of election process disputes. In its application in 583/G/SPPU/2023/PTUN.JKT, the plaintiff Aditya has fulfilled the requirements as stipulated in Law No. 7 of 2017, but in the dispute resolution process that occurred was not in accordance with MA Regulation No. 5 of 2017. The conclusion is that the plaintiff's lawsuit was rejected because it contradicted the provisions as stipulated in MA Regulation No. 5 of 2017.

Increasing Political Participation in Welcoming the 2024 Simultaneous Regional Elections in Patengan Village, Bandung Regency

The election that takes place every five years is a mandate of the 1945 Constitution, Article 22E, which states that the election is held to elect the President, Vice President, members of the DPR, DPD, and DPRD Province and Regency/City based on the principles of direct, general, free, secret, honest and fair. On that basis, the 2024 Simultaneous Election was held again to fulfill the political rights of citizens in a democratic government. Every five years, Indonesia is able to hold elections properly without any action that harms the implementation of these citizens' rights. One of the things that has been noted in every election in Indonesia recently is realizing elections with integrity based on the election principles mentioned above which have become a constitutional reference in Indonesia. Based on the views of the famous election scientist Norris, The New Research Agenda Studying Electoral Integrity (2013), elections with integrity are elections that have taken place following international standards or norms in the context of free and fair elections. For this reason, socialization is needed for the community in Patengan Village as political education so that the community can participate in the simultaneous regional elections and freely choose not to abstain. The socialization was carried out as an effort to increase political participation to welcome the simultaneous regional elections in 2024

Избирательные правоотношения: правовая природа и роль в системе делегирования власти народом

The article reviews the legal nature and essence of electoral relations, defines their relevance. The author expresses an idea that electoral relations constitute the sphere that combines two key democracy angles: implementation of the mechanism of delegation of power by the people that includes exercising of subjective political rights of citizens and democratic establishment of legitimate public government authorities that are objectively needed for functioning of the state. The role of electoral relations in the system of delegation of power by the people seems to lie in harmonization of these two aspects. The paper notes the importance and timeliness of development of spheres of electoral relations associated with improvement of public control at elections, electronic voting in the online format, enhancement of implementation of the principle of inadmissibility of any foreign impact on the electoral process, provision of opportunity to exercise electoral rights to Russian citizens living or staying in foreign countries, increased role of the Central Election Commission of Russia and the entire system of election commissions in regulation and structuring of mechanisms of the direct rule of the people. The author emphasizes the need for development of personal responsible attitude to delegation of power by the people in the individual and public electoral legal consciousness.

Practice of Presidential Threshold in the Implementation of Presidential and Vice Presidential General Elections and Its Implications on the Political Rights of Citizens and Political Parties in Indonesia

The presidential threshold is a rule that becomes a political requirement for a political party to carry presidential and vice presidential candidates. The existence of this rule can potentially cause restrictions on citizens in running for president and restrictions on political parties in carrying their candidates to the presidency and vice presidency. The presidential threshold journey in coloring the elections in Indonesia has also undergone material testing and a lawsuit by the Constitutional Court. Therefore, this study aims to discuss the practice of the Presidential threshold in the implementation of elections in Indonesia and its relation to the political rights of citizens and political parties in Indonesia. This study is a field research study with a study into the field and using a non-doctrinal approach that is the enactment of law. Primary Data was obtained by interview techniques to the KPU RI, political parties, and legal experts. Furthermore, the secondary data consists of primary, secondary, and tertiary legal materials. This legal research uses descriptive analysis to obtain research results. The results showed that the practice of Presidential threshold has existed since the enactment of the first presidential and vice presidential elections. The political rights of citizens and political parties do not necessarily disappear, they only become conditional. Political parties also have the same opportunity to nominate the president and vice president by carrying their own or joining and forming coalitions with other parties.

Юридические ограничения в организации выборов и референдумов в условиях чрезвычайного положения: конституционно-правовой аспект

The article is dedicated to the study of the problem of restrictions to political rights of citizens in the state of emergency. Based on an analysis of laws on elections, referendum and the state of emergency, the author concludes that the constitutional legislator is forced to use methods of election (discretion), sufficiency of grounds (need to exclude spontaneous decisions), proportionality, detailed legal regulation (grounds for the introduction, cancellation and amendment of the state of emergency), reasonable flexibility of the legal policy and adequacy of the law enforcement practice. Extraordinary and emergency circumstances that objectively exclude any freedom of public events, debates, discussions, speeches and sharing opinions on politics and resolutions of government authorities are the only sufficient basis to introduce the state of emergency in a country or its certain territories.

Normative determination of guarantees of political rights in the sphere of administrative justice

This study analyzes the normative definition of the guarantees of political rights of citizens. A dialectical methodology of knowledge of law is used, and law is interpreted as an attribute of social management of society. A legal norm is understood as a process of necessity, the elements of which are the hypothesis, disposition and sanction of the norm in their organic connection. It is shown that the political rights and freedoms of a person and a citizen are established by the disposition of the legal norm, and their guarantees are determined by the sanction of the legal norm. The public legal character of political rights conditions their guarantee by legal acts of the court of administrative justice, as a type of justice. The study concludes that improving the normative definition of the guarantees of political rights is an urgent task for the management and legal regulation of political relations in modern society.

DEMOCRATIC GUIDELINES FOR PUBLIC POLICY ACTORS IN THE CONTEXT OF TRANSFORMATIONS OF SOCIETY

The article studies the issue of improving the democratic guidelines for public policy actors in the context of social transformations, taking into account the risks of wartime. While investigating the theoretical approaches to the analysis of the "public policy" concept, it has been found that public policy is a conscious and purposeful regulation of state affairs and common resources by the state and society. A public policy, the essence of which is public activity, has been also considered. The latter is understood to mean the activity of political and non-political actors represented in the public sphere, who through interaction seek to see their own interest fulfilled. It has been substantiated that the problem of shaping the democratic guidelines for the public policy actors is solved due to the identification of the subjective status of persons who are active participants in the democratic development of society, as well as due to the identification of the form of implementation of democratic principles and views in the political and legal activities of a person, satisfaction of the need to exercise political rights and the need to fulfil political obligations. The phenomenon of modern democracies and the reasons for its vulnerability have been considered. The ways to support a sustainable political and democratic process have been substantiated, in particular, legal confirmation and legislative provision of political rights of citizens. Two institutional dimensions of the political and legal phenomenon of responsibility have been considered: the responsibility of the state and its bodies to a person (an individual and a citizen) when its rights and freedoms are violated and in compensation for the damage caused to it; the responsibility of an individual to the state, arising both in the case of an offense committed and when being implicit in each socially significant act of the person. It has been proved that representative democracy and participatory politics involve not only drastic changes in the political consciousness of the masses, but also the development of a new type of political actors who perceive their own political rights combined with responsibilities, who need to be responsible citizens, who recognize the power of their voices in decision-making by the authorities. Involvement in public affairs should become an imperative of a democratic culture of political behaviour of Ukrainians, built on the foundation of democratic guidelines.

Presidential Threshold and Parliamentary Threshold Setting in Elections

This conceptual study aims to analyze Presidential Threshold and Parliamentary Threshold arrangements in elections from the regulatory aspect, the implications for the political rights of citizens and political parties and their comparison with other countries. The method used is normative juridical with a conceptual approach, statutory regulations, and comparative law. The legal materials are primary, secondary, and tertiary, then analyzed descriptively qualitatively. Based on the results of the research, it can be stated that by setting the Presidential Threshold and Parliamentary Threshold percentages, the right of citizens to participate in government, both to vote and to be elected in elections, has been limited so that from the perspective of people's sovereignty, it has created inequality or in other words, there is no equality, fair to citizens. Because presidential and vice-presidential elections and legislative elections are a consequence of the existence of a democratic system, it should be regulated by laws and regulations that are in favor of the interests of the people and not just camouflage for political elites who prioritize their groups only.

APPLICATION SYSTEM IMPROVEMENT

This article discusses the constitutional and legal foundations of the right of individuals and legal entities to apply to state bodies, the issues of improving the mechanism for the implementation of personal and political rights of citizens in public appeals and improving the system for working with appeals to ensure openness in management, the issue of systematizing the legal framework.

Rekonstruksi Subjectum Litis: Upaya Pembubaran Partai Politik secara Konstitusiona

Human rights as citizens must be respected and guaranteed, one of which is political rights. The guarantee of human rights must be able to provide moral strength that is able to protect and guarantee human dignity based on the law, not on the basis of circumstances, wills, or certain political perspectives. Citizens' political rights are the right to take part in government and vote regularly on democratic mechanisms in a country, whether through election, regional head elections, or other elections. The political right is related to the right of citizens to play a role in efforts to make future arrangements for a state institution. At the moment the request for dissolution of political parties can only be done by the government. The dissolution of political parties in Indonesia is carried out by the Constitutional Court as one of the institutions of judicial power. The political rights of citizens should be made a priority in the dissolution mechanism of political parties. This research is a normative juridical study which outlines a comparison of the dissolution of political parties between Indonesia and Germany and Slovenia. In addition, the mechanism for future improvement is the dissolution of political parties to better guarantee the political rights of citizens.

POLITICAL RIGHTS IMPLEMENTATION OF UKRAINIAN CITIZENS AMID COUNTERACTING THE COVID-19 EPIDEMIC

Among the catalog of political rights of citizens of Ukraine, the COVID-19 epidemic made significant adjustments to the implementation of only two – the right to participate in elections (the opportunity to participate in government and public affairs) and the right to participate in peaceful assemblies. Instead, the other political rights (right of appeal, right of association, etc.) were subject to minimal restrictions, which were offset by electronic means of appeals, inquiries, and administrative services. The local elections held in Ukraine on October 25, 2020, testified to the readiness of the Ukrainian state to conduct democratic procedures in difficult epidemic conditions. For this purpose, special regulations were adopted and appropriate security measures were applied. Although voter turnout was expected to be low, an objective opportunity to exercise their right to freely choose and be elected was created and ensured. The campaigns discussions and debates continued mainly online. However, the voting itself took place on election day and without the use of alternatives technologies (electronic voting, voting by mail, on behalf of, etc.). At the time of the epidemic, the right to peaceful assembly was being severely restricted in Ukraine. The quarantine resolutions of the Cabinet of Ministers of Ukraine set various restrictions on the concentration of people (initially not more than 200, and later – not more than 10), and hence the possibility of full-fledged meetings. Although these provisions were by-laws and inconsistent with the Constitution of Ukraine, law enforcement agencies were largely guided by them and opposed the assembly. Judicial practice did not solve this problem either, as administrative rulings and protocols were revoked by courts on formal grounds, and not due to the unconstitutionality of the quarantine restriction.

Buying Votes across Borders? A List Experiment on Mexican Immigrants in the United States

AbstractAs international migration has grown worldwide, the issue of how to assure the political rights of citizens living abroad has attracted much scholarly attention. One concern has been that if vote-buying is widespread in home countries, this practice could be exported to external elections. Although there have been numerous studies focused on electoral participation in external voting, there has been no systematic test of whether vote-buying is occurring across borders. This study aims to address this question by focusing on the 2018 federal elections in Mexico. Our list experiment shows that in our sample, approximately 32 per cent of Mexican immigrants in the United States experienced vote-buying during the electoral campaign. Furthermore, a multivariate analysis shows that the people most susceptible to vote-buying were living in areas where there was a high concentration of Mexican immigrants. The study results point to the importance of cross-border networks, which have been built between countries sending and receiving immigrants, in facilitating vote-buying across borders.

MITING, YIG‘ILISH VА NАMOYISHLАR O‘TKАZISHNI TАRTIBGА SOLUVCHI NORMАTIV-HUQUQIY HUJJАTLАRNING QIYOSIY TАHLILI

The right to organize meetings in a democratic society is one of the basic political rights of citizens and is an important guarantee of citizens’ participation in democratic governance. Citizens organizing rallies, meetings, demonstrations, processions, pickets, flash mobs, and other types of mass gatherings freely demonstrate their ideas. Today, although there is no regulatory legal document defining the procedure for the effective exercise of the right to organize rallies, meetings, and demonstrations guaranteed by the Constitution of the Republic of Uzbekistan, this responsibility is established following the article 217 of the Criminal Code of the Republic of Uzbekistan, and articles 201, 202 of the Code of Administrative Responsibility. Organizing these events indicate the presence of inconsistencies in legislation. In the course of this work, international and national regulatory legal acts regulating the organization of rallies, meetings, and demonstrations have been thoroughly studied. The situation with the coverage and guarantee of the right to rallies, assemblies, and demonstrations under modern national legislation, as well as the issue of responsibility has been investigated. The opinions of scientists and experts on the legislation regulating rallies, meetings, and demonstrations in our country, and the legislation of foreign countries, have been comparatively analyzed. Conclusions have been drawn that the adoption of a regulatory document managing the organization of rallies, meetings, and demonstrations in our country is an urgent problem today.

European Interests and European Values: General Perspectives of Analysis or False Dichotomy?

The article features the values of the European Union in the context of applying modern approaches to the study of integration associations. The analysis of the role of values in the policy of the European Union can be done in various ways. The historical and legal method shows the process of legal consolidation of the values and reflects the formation of the political subjectivity of the EU in the last 30 years. The starting point is the concept of shared heritage that demonstrates the main stages and tasks of European integration. The concept of acquis communautaire reaches its climax with the Treaty of Lisbon, and this was when the list of EU values became complete. The concept of the common heritage retains its legal meaning but transforms the goals into a discrete set of political values of the modern European Union. The present analysis of the social dimension of EU values was based on the Copenhagen School of Security. The analysis made it possible to identify the short-term values of modern European society through media monitoring and showed the specifics of European perception, e.g., the dominant importance of personal and political rights of citizens. The pandemic exacerbated the manifestation of these values within European society. Despite certain problems, the value dimension of EU policy is now complete and has become integral to European society and politics. The political component depends on specific interests, e.g., criteria for cooperation, membership conditions, interaction prospects, etc.

Restrictions of Freedom of Assembly and Association in Slovenia during COVID-19 Pandemic

Abstract Slovenia is one of the European Union Member States which disproportionately restricted political rights during the COVID-19 pandemic. Since the new government of Prime Minister Janez Janša came to power in March 2020, the anti-government and anti-lockdown protests have been taking place across the country. The pandemic-related restrictions have been introduced by government’s ordinances. They have greatly limited political rights of citizens, in particular the right to public assembly and association. Citizens’ dissatisfaction with the government’s policies and inadequate handling of the epidemic, resulting in undue restrictions on liberty and other fundamental rights, led to the filing of petitions to the Constitutional Court. The Constitutional Court, resolving the dispute between citizens and the government, ruled that government regulations implementing restrictions on fundamental rights, particularly the rights to public assembly and association, were unconstitutional in several cases.

Fulfillment of the Mandailing community suffrage right in the 2020 regional head election

Modern society presents a problem where it is increasingly common for minority groups/cultural groups/indigenous groups to show their identity to fulfill their collective right to vote in politics. This study aims to describe the form of democracy that is still hampered because the fulfillment of the voting rights of the Mandailing community is still limited. This research is qualitative descriptive research conducted in the Mandailing community in Kecamataan Sungai Kanan. Data was collected through interviews, observation, and documentation. The collected data is then analyzed using Creswell's techniques which consist of organizing and preparing the data, reading the data, the coding process or general analysis, the coding categorization process that has been made, and describing the themes into qualitative explanations and analysis. The results of this study prove that the level of understanding of the Mandailing community on the importance of the right to vote is still shallow; this is related because the KPU, as the organizer, does not seriously socialize the political rights of citizens. In this case, the right to vote and be elected. Meanwhile, monotonous activities are always represented by the Mandailing community by representing their voting rights to traditional leaders or elders in the area.

The Reconstruction of Subjectum Litis in Term of Reflections on Constitutional Dissolution of Political Parties

This legal research aims to examine the awarding of political parties currently in force in Indonesia through the Constitutional Court and provide a conclusive elaboration on the comparison of the dissolution of political parties in Indonesia with Germany and Slovenia. The respect for all aspects of human rights has become the obligation of every people in citizen, including respect for the political rights of citizens. In addition, citizens have the right to participate in the dynamics of government, including the possibility of the public applying for the dissolution of political parties. This legal research statute approach, comparative approach, and conceptual approach to legislation were based on primary legal materials, secondary legal materials, and non-legal materials. The study results stated that the Subjectum Litis to the dissolution of political parties was only carried out by executive relations alone; so the public cannot apply for dissolution of political parties. Thus, this may indicate that arbitrariness also reflects the existence of particular political interests that dominate the executive's domination and try to intervene in the juridical aspect. Therefore, the researcher provides recommendations for reconstructing political subjects through various schemes; who can expand the applicant in the process of political dissolution, the applicant in the dissolution of a political party is only extended to all Indonesian people not for their official or position, and the applicant for political dissolution is carried out by the legislative and executive institutions as is practiced in Germany and Slovenia.

Waiting for a New Leader ahead of the 2024 Presidential Election: Reflection of Indonesian Political History

The article entitled Waiting for a New Leader Ahead of the 2024 Presidential Election (Reflection on 76 Years of Independence from a Cultural Perspective) is a study of constructive thinking about the political rights of citizens of all ethnic groups in Indonesia to hold power. power in our beloved Republic. Through qualitative research methods with descriptive analysis approach, positive responses from informants through structured and systematic interviews and supporting literature can explain the phenomenon under study. The results obtained through the research show that the government and related state institutions respond to the political rights of citizens to assume the position of President based on the mechanism of democratic principles and rules in accordance with Pancasila and the 1945 Constitution. The constitution and ideals of the Proclamation of National Independence by looking at the figure of a candidate for leader without distinction of race , ethnicity and culture

Protection of Political Rights in Surabaya Regional Head Elections 2020 during the COVID 19 Pandemic

The state must be responsible for fulfilling the political rights of every citizen. Political rights are one of the human rights that cannot be reduced by the state. Even though Indonesia is currently experiencing the Covid 19 Pandemic, the Government decided to hold simultaneous local elections due to various considerations. As for some of these considerations is the need for legal certainty of the election of new public officials because the previous period is up, the Covid 19 pandemic is not known when it will end, the strategic policies of the government must still be taken and implemented, and the main thing is to fulfill the political rights of Indonesian citizens who are a democracy based on the law. Therefore, it is considered necessary to explore how the country fulfills the political rights of the citizens of Surabaya during the Pandemic at the Simultaneously Regional Head Elections 2020. This study is conducted with empirical normative where researchers will examine every rule relevant to this theme and empirically review the implementation of government rules and policies in the fulfillment of people's political rights at the 2020 Regional Elections and the obstacles faced in the fulfillment process.

Regulatory and legal security implementation of political rights of citizens of Ukraine: current state, problems and development prospects

The article examines the current state of regulatory and legal support for the formation and implementation of political rights of citizens of Ukraine. The main provisions of the Constitution of Ukraine, laws of Ukraine, international legal agreements, bylaws are analyzed. The necessity of improving the regulatory and legal support of the right to peaceful assembly, as well as the right to public control, which is a component of the right to manage state affairs, is substantiated.