Presidential Election System Research Articles

Politik Hukum Sistem Pemilihan Umum Presiden dan Wakil Presiden dalam Perspektif Pancasila

The research objectives in this thesis are based on the two problem formulations raised, namely as follows: To find out and study the Presidential and Vice Presidential Election system based on Law Number 7 of 2017 concerning General Elections. To find out and study the Legal Politics of the President and Vice President in Indonesia based on Law Number 7 of 2017 concerning General Elections, viewed from the Pancasila Perspective. The research method used is normative juridical legal research. The results of the research and discussion are as follows: First, the direct and indirect Presidential election system emerged due to a misinterpretation of the 4th principle of Pancasila which reads "the people are led by wisdom in deliberation/representation". Second, the legal politics of a statutory norm fall into the category of open legal policy, so according to the Constitutional Court this norm is in an area of constitutional value with the 1945 Constitution. The concept of open legal policy itself was first used by the Constitutional Court. In its considerations, the Constitutional Court was of the opinion that such a policy choice is the right of the legislator and is protected by the constitution.

지방교육자치발전을 위한 교육감선출제도의 발전적 모색

Introducing the “running mate system of governors and superintendents of education” has now become a big issue in relation to the superintendent of education election system. The government seems to be in favor of legislating into this system and is rushing to introduce it. However, what is overlooked in this movement is “consistency of a system”.
 The current direct election superintendent of education system was introduced in 2006 after identifying the successful results of the direct presidential election system introduced in 1987 by the current Constitution. However, as political party intervention was prohibited due to the “political neutrality(or impartiality) of education” stipulated in Article 31 of the Constitution, an unpopular and problematic form of election system was established as it is now.
 In terms of constitutional theory, the political neutrality of education stipulated in Article 31 of the Constitution, does not necessarily seem to provide inevitable reasons for a political party intervention to be banned in the election of the superintendents of education.
 First, in comparison with the adjacent constitutional provisions such as the political neutrality of the military(Article 5) or the political neutrality of public officials(Article 7), and second, in light of the Article 37 (2) of the Constitution, which stipulates the proportional principle of maximum guarantee of basic rights, proportional and stepped constitutional approach could be justified. In other words, the superintendents of education are in charge of educational affairs based on the ideology of decentralization, and if the governors do not have a big problem in realizing local autonomy and political neutrality of public local officials despite party intervention of elections and their political party memberships, the superintendents of education could be understood in the same way. In this regard, the current superintendents election system, which restricts party intervention, is wrong in terms of system setting, (1) party intervention in election process should be permitted logically, and (2) if the party's return into election cannot be recognized, the system should be extensively improved by considering its alternative functions, especially through ① reform of campaign methods or ② redistricting. On the other hand, the current move to the city and provincial governors and superintendents' running mate system aiming only at resolving conflicts between governors and superintendents, without deep analysis of the cause of the problem of the present system, could cause concerns about local education autonomy by creating institutionally ‘weak superintendents of education’.
 Nevertheless, the current process could offer a good opportunity to supplement the problems of the present system and come up with developmental alternatives by reviewing the meaning of the constitutional provisions that have been justifying party exclusion in superintendents of education election.

CONFIGURATION OF A SIMULTANEOUS-SEPARATE GENERAL ELECTION SYSTEM TO STRENGTHEN THE CHARACTER OF AN INCLUSIVE GOVERNMENT SYSTEM IN INDONESIA

The government system essentially examines the relationship between legislative and executive institutions. On the other hand, the concept of a government system can also be related to the form of vertical relationship between the central government and regional governments. Problem formulations for this journal are; What is the character of the strengthening of the government system both at the central and regional levels resulting from the simultaneous general election system in Indonesia? What are the theories and concepts of the government system and general election system in Indonesia? a quo regional head election in Indonesia? This research is normative legal research accompanied by supporting data. The research data was collected through literature study. The analysis was carried out using qualitative methods. Based on the research results, it is concluded that: First, the government system is the concept of legislative and executive relations in carrying out their functions and duties. There are various types of systems such as presidential systems, parliamentary systems and mixed systems. In the presidential system used in Indonesia, there are systemic weaknesses in the form of fixed term features, dual democratic legitimacy, the possibility of the emergence of divided government and the use of multiparty features. Second, the configuration of the simultaneous general election system and the regional head election system can be seen that the presidential general election system uses a simultaneity feature, a presidential threshold of 20%, and uses a majority-runoff system with a distribution of votes in certain areas. Third, the implementation of simultaneous elections and a quo regional heads has not shown any significant strengthening of the government system. Strengthening of the presidential system only occurred in terms of the number of candidates competing, and the majority run-off system did not show any strengthening.

President Elections Mechanism: Comparative Studies from Indonesia, Russia, and Türkiye

This study aims to determine the differences and similarities in the presidential election system in 3 (three) countries, as an example we choose Indonesia, Russia, and Türkiye. This research focuses on how the presidential election system is implemented in the countries of Indonesia, Russia, and Türkiye as well as, what are the differences in the presidential election system used, the pattern of nominations, and the requirements for presidential nominations by the countries of Indonesia, Russia, and Türkiye. This study uses a normative juridical method with a statutory approach and a comparative approach based on the constitution of each country. The results of the study show that there are similarities and differences in the presidential elections in the three countries. First, the similarity of the three countries is implementing a plural or district system with the Two Round System variant. The winner of the election must get absolute or absolute votes. Second, the differences between the three countries in presidential elections such as nomination patterns, terms of office, presidential requirements, and thresholds. However, in analyzing this difference, there are only two countries that are the same: Indonesia and Türkiye, for the same presidential term. Then the nomination pattern in Russia and Türkiye is the same. Then, the age requirements for Indonesian and Türkiye presidential candidates are the same

대통령 선거제도에 관한 헌법적 요청과 순위선택투표제

대통령 선거제도에 관한 헌법적 요청과 순위선택투표제

Analyzing public sentiment on implementing the presidential threshold in Indonesia's presidential election system

The threshold Limits for presidential and vice presidential candidates have been a prominent topic since the introduction of direct presidential elections. Initially, the presidential threshold aimed to determine the candidates competing in the presidential election. However, over time, it has become a subject of prolonged debate, as it was perceived to undermine the rights of individuals in government and impede the principle of equality in democracy. This study utilizes qualitative research methods to gauge public sentiment regarding implementing the presidential threshold in Indonesia's presidential election system after the 2019 election. The research collected data through the Nvivo 12 Plus, utilizing sources such as Twitter (with the hashtag #presidentialthreshold) and online news media outlets, including Kompas, Detik, Tempo, Republika, and TribunNews. The study findings indicate that the percentage requirement is the most frequently discussed topic regarding the presidential threshold. Tempo is the online news media outlet that prominently highlights the issue. The analysis reveals that negative sentiment prevails in public opinion, comprising 63% of responses, while positive sentiment constitutes 37%. Tempo primarily represents positive sentiment, while Republika reflects negative sentiment. Positive public sentiment focuses on parliamentary support, while negative sentiment centers around candidates' opportunities.

대통령선거제도의 연혁적 변천과 특성에 관한 연구

Depending on whether it is a presidential system or a parliamentary system, there may be differences in the electoral system. However, it is clear that the ultimate purpose of elections is the realization of democracy.
 Therefore, democracy can be said to depend on the electoral system, and the election of public officials based on the correct electoral system is very important.
 Among these public office elections, the presidential election in particular is more important than other elections.
 For this reason, this study, which examines the historical change process of the presidential election system and the peculiarities of the times, is very meaningful.
 As a result, the early presidential system was changed to a parliamentary system of government, and then the parliamentary system of government was changed to a presidential system. In addition, the presidential system also repeated the indirect and direct election systems.
 For this reason, the will of the person in power played an important role, which can be seen as a violation of democracy.
 In the process of changing the presidential election system several times, the age of those who can vote has been reduced from 21 to 18, political conflict between regions has increased, and the election day has been set on Wednesday. And the election deposit was reduced from 500 million won to 300 million won.
 I hope that moreresearch on the electoral system will lead to more democratic elections.

Application of the Presidential Threshold Concept in the Presidential and Vice-Presidential Election System and its Impact on the Indonesian Constitutional System

The purpose of this study is to analyze the effectiveness of the presidential threshold concept in the election of President and vice president and its impact on the Indonesian constitutional system. The theory used is the theory of democracy compared to political parties and elections. The method used in this study uses a normative juridical approach by analyzing the laws relating to the General Election and using a qualitative approach by collecting existing data in literacy and literature. The results of the discussion show that the Presidential Threshold concept is used as an alternative in minimizing divisions in the electoral process, it can be seen from the existence of a threshold system specified in the law by directing political parties to form a coalition. However, the presidential threshold concept can have an impact on the reduction of public participation in democracy because of the threshold that is determined in the nomination process. The presidential threshold gave birth to coalitions between electoral parties in carrying out their candidates, with the existence of collusion between political parties could indicate the existence of policy transactions based on the interests of each political party.

The Presidential Candidacy Threshold in Indonesia and Its Implications

The Presidential Election System in Indonesia is equipped with a unique mechanism that is not applicable in many other countries, namely the presidential nomination threshold by political parties or popularly known as the "Presidential Threshold". According to the Election Law, political parties need to have a minimum of twenty per cent of the Legislative House seats or twenty-five per cent of the votes cast in the most recent legislative member elections. Since this system was unconstitutional, it raised controversies because it limited the rights of established political parties and prevented new political parties from nominating presidential candidates. The purpose of this study is to ascertain the application of the Presidential Threshold process and its implications for the Indonesian general elections. This research is normative in nature. Three different approaches—the conceptual, legislative, and comparative ones—are employed. Legal primary and secondary sources of information were employed. A literature review was conducted to obtain data. Analysis of the data or legal materials is carried out by analytical prescriptive. The study concludes that raising the bar for presidential nominations results in several implications, including restricting political parties' ability to nominate candidates; weakening the essence of people's sovereignty; and contradicting the notions of justice and the presidential system. Because it does not pertain to the clauses outlined in the Republic of Indonesia's constitution, the regulation of the presidential nomination threshold in the Election Law should be deleted.

PERBANDINGAN PEMILIHAN UMUM PRESIDEN DI INDONESIA DENGAN KOREA SELATAN

The purpose of writing this journal is to find out where the differences and similarities between the presidential election system are in 2 (two) countries, namely Indonesia and South Korea. The focus of the questions in this journal is: how is the general election system implemented in Indonesia and South Korea (which includes explaining the history, system and mechanism of general elections in Indonesia and South Korea as well as, what are the differences in the presidential election system that used by Indonesia and South Korea. The research in this journal uses a normative juridical approach where the reference in writing is the legal basis of 2 (two) countries namely Indonesia and South Korea, in Indonesia the general election system uses the constitutional basis of the Constitution The Republic of Indonesia in 1945, Law Number 42 of 2008 concerning General Elections for President and Vice President, Law Number 7 of 2017 concerning General Elections, while South Korea uses the Constitution of the Republic of Korea [Hangul: Daehanmingug Heonbeob]. So in s conclude that in writing this journal there are similarities and differences in the history, mechanisms, regulations, systems of the general elections of Indonesia and South Korea.

The Effectiveness of the Presidential Threshold Concept in the Presidential and Vice-Presidential Election System in Indonesia

This study aims to analyze how the effectiveness of the presidential threshold concept is implemented in the presidential and vice presidential elections in Indonesia. The theory used is the theory of democracy associated with political parties and elections. The method used in this study uses a normative approach by analyzing the law on the symptoms that exist in the election process, and using a qualitative approach by collecting existing data in literacy and literature. The results of the discussion show that the process of using the presidential threshold in the election results in pros and cons and conflicts in it because of various understandings and incompatibilities with the social life that exists in Indonesian society, which incidentally each region has its own culture. The character of the presidential threshold seems to be a planting bomb for every political party that carries each candidate because the strategies and steps that are determined can make a wrong position and have a negative impact on the related political parties

Studi Komparatif Tentang Sistem Pemilihan Presiden di Indonesia Dalam Undang-Undang dan Fiqh Siyasah

This thesis discusses a comparative study of the presidential election system in Indonesia in Islamic law and law.This study aims: to find out the provisions of the presidential election in Islamic law, tofind out the provisions of the presidential election in Islamic law, to find out the provisions of the presidential election in Islamic law, to find ou the mechanism of the presidential election in Indonesia in Fiqh Siyasah. The type of research used is library research using a normative juridical approach. Data collection techniques in this study are data collection by means of searching, reading and recording activities from written works in the form of books or sources related to the discussion. The results of the research from this thesis that the presidential election system in Indonesia in the laws and Islamic law contained in Law No. 7 of 2017 explained that the presidential and vice presidential election system is a series with the general election of members of the people’s representative council which is held once every five years, the presidential andvice presidential election system is conducted in a direct, public, free, secret, honest and fair manner The election of the president obtains strong support from the people so that they are able to carry out the functions of state government power in the context of achieving national goals. It is also explained that general elections in Islam are contained in Q.S An-Nisa Verse 59, it is explained that Allah obliges Muslims to obey ulil amri from among them. Ulim amri is a leader and commands to obey a leader. So, this shows that the obligation to appoint a leader for Muslims is obligatory, even the basic principles used in general elections already exist and are recognized by Islam. In the rules of Islamic law, the election of a fair leader is the goal, while the general election of a fair leader is the goal, while the general election is wasilah. As for the mechanism of the presidential election system in Indonesia and Islamic law, boh use deliberation as a method to elect a president. If in Islam deliberation to elect a president. If in Islam deliberation to elect the President, in Indonesia the model of Presidential election by the DPR is replaced by direct election by the people. In Islam also when a. When the president is elected, all the people must make a promise.

THE RELATION BETWEEN DIRECT PRESIDENTIAL ELECTION SYSTEM WITH THE NATIONAL DEVELOPMENT PLAN

Many criticized RPJP-RPJMN as the national development plan for suffering a setback. From a historical view, a comparison to GBHN is inevitable as the main argument is through the GBHN, the direction and purpose of the government wheel journey will be easier to understand so that it is quite easy to correct the level of success and achievement that is inscribed by a government in power. The problem is whether the direct presidential election system is being implemented today is the reason why GBHN is removed as a national development plan? The study is analyzed through pure legal research. The result is that the amendment to the 1945 Constitution in Article 6A determines that the Presidential election is directly elected by the people has implications for the abolition of GBHN in Article 3 of the 1945 Constitution.

Democracy at Risk: How the Electoral College Undermines Political Equality and Effective Governance

This study aims to illustrate the political inequality and the lack of representativeness of the U.S. presidential election system by analyzing the flaws of the Electoral College system. Increasingly influenced by political polarization, money, and social media, nowadays the U.S. presidential election has become more susceptible to being manipulated so the winner's governance ability cannot be guaranteed. The U.S. presidential electoral system needs to be reformed to better reflect the will of the people, ensure democratic legitimacy, and achieve effective governance.

KONTROVERSI SISTEM PEMILIHAN PRESIDEN SECARA LANGSUNG DAN TIDAK LANGSUNG DITINJAU DARI SILA KE EMPAT PANCASILA

Democracy is a spirit that reflects that the people hold the highest authority in a country. Indonesia has implemented two Presidential Election systems, namely indirectly and directly (after the Reformation period). However, the phenomenon that is happening right now, the direct election of the President and Vice-President has turned out to be polemic because many parties consider it to conflict with the fourth precepts of the Pancasila. The fourth precepts value of Pancasila is interpreted as an implementation of the Presidential Election system which must be represented through the MPR institution. Related to the problem above the problem to be answered is the controversy over the presidential election system directly and indirectly in terms of the four precepts of the Pancasila. The problem was answered using the method normative legal research and analyzed qualitatively by describing, then comparing data with statutory provisions and the opinions of constitutional law experts. In this study, it was concluded that there was no contradiction between the Pancasila and the 1945 Constitution in the implementation of the Presidential election system implemented in Indonesia, both the direct and indirect presidential election system. Every democratic process based on the principle of people's sovereignty is carried out through consensus and agreement through a constitutional system based on Pancasila values. This happened in the direct Presidential election system which is the desire of the people conveyed to their representatives in the DPR.

Clashes Involving National Popular Vote, Hare (“RCV”), Maine, Alaska

ABSTRACTApparently unnoticed by its advocates, a prominent effort to improve the troubled US presidential-election system—the National Popular Vote Interstate Compact (NPVIC)—is on a collision course with another effort at electoral change—“ranked-choice voting” (RCV, known previously by less ambiguous names). The NPVIC is a clever device intended, without constitutional amendment, to elect as president the nationwide popular-vote winner (i.e., the plurality-vote winner) rather than the electoral-vote winner. Election results in 2000, 2016, and 2020 enhanced its support. However, the (constitutional) ability of even one state to replace its plurality voting with another voting system causes the popular-vote total posited for the NPVIC to be undefined, thereby rendering the NPVIC unusable. Maine and Alaska recently switched from plurality voting to RCV for presidential elections. Consequently, tangled results and turmoil could occur with the NPVIC. To improve presidential elections, replacing plurality voting with other systems appears to be more sensible than pursuing the NPVIC.

University’s Decoupling Phenomenon to National University Governance Policy - Focusing on the National University Indirect Presidential Election System

University’s Decoupling Phenomenon to National University Governance Policy - Focusing on the National University Indirect Presidential Election System

A Constitutional Policy Approach to the runoff system in the Presidential Election

대통령선거 때마다 ‘후보단일화’가 가장 중요한 주제가 되면서, 후보자에 대한 검증과 정책대결이 선거과정에서 사라지는 현상이 반복되고 있다. 결선투표제는 상대다수대표제보다 시간과 비용이 더 소요된다는 문제점이 있다. 그럼에도 불구하고, 결선투표제가 있다면 각 정당의 후보들이 선거기간 동안 끝까지 선의의 경쟁을 벌이고, 국민의 선택이 대통령당선의 결과를 좌우할 수 있다. 후보자간의 지루한 단일화 협상대신 선거과정에서의 경쟁을 가능케 한다는 점에서 결선투표제의 당위성이 있다. 하지만 공직선거법 개정으로 대통령결선투표제를 도입한다면 문제가 발생할 수 있다. 헌법해석에 대한 다툼이 존재하므로 이를 근거로 선거결과에 불복할 수 있는 것이다. 헌법소원심판의 청구, 선거소송의 제기 등을 통한 법적 구제절차를 밟고자 할 수 있고, 헌법규정의 부재를 이유로 위헌이라는 정치공세를 펼 가능성을 배제할 수 없다. 이러한 법적·정치적 논란은 대통령당선자의 민주적 정당성에 타격을 줄 수 있기 때문에 원천적으로 차단하는 것이 옳다. 따라서 헌법해석론적 관점에서 대한민국헌법이 결선투표제 도입을 배제하는 것은 아니더라도, 헌법정책론적 관점에서 봤을 때 선거 이후의 법적·정치적 논란을 없애기 위해서는 헌법개정을 통해 결선투표제를 도입하는 것이 최선이다. 이를 도입할 경우에는 한국의 정치현실에 맞게 제도설계를 세심하게 할 필요가 있다. 최근의 투표율·후보자의 최고득표율·2위 후보자와의 득표율 차이 등을 면밀하게 검토하여 당선자의 민주적 정당성을 강화시키되, 2차 투표의 실시를 최소화할 수 있는 방식이어야 한다. 그러므로 개헌으로 대통령선거에서 1차 투표에서 과반득표자가 없을 경우에 2차 투표를 실시하는 결선투표제를 도입하되, 1차 투표에서 1위 득표자가 45%이상을 득표하고, 2위 득표자와 득표율 차이가 15%이상일 것이라는 두 가지 조건이 충족된다면, 결선투표제를 실시하지 않는 예외조항을 두는 것이 합당하다.With unified candidacy becoming the most important topic in almost presidential election, the phenomenon of vetting candidates and policy confrontations disappearing from the election process is repeated. The problem is that the runoff election system takes more time and money than the other election system. Nevertheless, if there is a run-off voting system, candidates from each political party can compete in good faith throughout the election period, and people s choices can determine the outcome of the presidential election. There is a justification for a run-off voting system in that it enables competition in the election process instead of the tedious negotiations for unification among candidates. However, if the revision of the Public Official Election Act introduces a presidential runoff election system, problems could arise. As there is a struggle for constitutional interpretation, it can be based on this, and thus against the election results. The possibility cannot be ruled out that the government wants to take legal remedies by filing a petition with the Constitutional Court and filing an election suit, and that it will launch a political offensive that is unconstitutional because of the absence of constitutional regulations. Such legal and political controversies are right to block them from the source because they could hurt the democratic legitimacy of the presidential election. Thus, while the Constitution of the Republic of Korea does not preclude the adoption of a runoff election system from the standpoint of constitutional interpretation, it is best to adopt a runoff election system through constitutional amendment to eliminate legal and political controversies after the election. If this is introduced, it is necessary to carefully design the system to suit the political realities of Korea. It should be a way to strengthen the democratic legitimacy of the presidential election by carefully examining the latest voter turnout, the highest voter turnout for the candidate and the difference in the number of votes cast for the second place, but to minimize the implementation of the second round of voting. Thus, it is reasonable to introduce a runoff system in which a second round of voting is held in the first round of the presidential election should there be no majority vote in the first round, but if the two conditions are met, the first-place voter will receive more than 45 percent of the vote and the second-place voter will differ by more than 15 percent, it would be fair to make an exception not hold a runoff vote.

Study on the Reduction and Abolition of Proportional Representation System

최근 우리나라는 연동형 비례대표제 도입을 중심으로 하는 선거제도 개혁에 대하여 정치권의 갈등과 학계의 상호 의견차이가 심하게 나타나고 있다. 평등선 거원칙에 좀 더 부합하다는 비례대표제가 확대된다면, 단순다수 소선거구제보다 정치적 소수자의 등원이 쉬워지고, 지역주의 해소에 긍정적 영향을 끼치는 등의 장점이 있을 것으로 예상은 된다. 그러나 공천 헌금으로 대표되는 비례대표 선출 과정의 불투명성 및 공무담임권 침해가능성 등 비례대표제는 단점 역시 상당하 다. 물론 독일과 뉴질랜드와 같이 연동형 비례대표제가 성공적으로 안착한 사례도 있으나, 위 두 나라는 의원내각제이기에 대통령 5년 단임 직선제를 기본으로 하는 우리나라 통치구조에 연동형 비례대표제는 제대로 조응하지 않을 수 있다. 즉, 현행 5년 단임제의 역사적 정통성을 고려한다면 우리나라의 선거제도 개혁은 대통령 직선제라는 큰 틀 안에서 논의가 이뤄져야 한다. 이는 합의제로의 전환보 다는 다수제 민주주의 원칙의 존속이 타당함을 의미하며, 구체적으로는 현행 비례대표제의 점진적 축소 및 개헌을 통한 완전 폐지와 미국식 순수대통령제로의 체제 변형을 뜻한다.Conflicts between political circles and differences of opinion among academic world are so severe these days with election reform which mainly deals with mixed-member proportional representation system. If proportional representation system which seems to be accord with the principle of equal election expands, it is likely that political minorities can come to the assembly much easier and positive impacts will be on dissolving resionalism. However, proportional representation system has quite a few flaws such as the opacity of nomination process infamous for nomination donate and a potential infringe on the right to equal access to public service. Of course there are some cases in which mixed-member proportional representation system was successfully settled such as Germany and New Zealand, but those two countries are parliamentary republics. Mixed-member proportional representation system may fail to accord with Korea’s single five-year presidential term and direct presidential election system. Hence, election system reform in korea must be discussed within the scheme of direct presidential election system considering the historical legitimacy of the existing system. This indicates that the maintenance of the current principle of majoritarian democracy is far reasonable than the switch to consensus democracy, which means a gradual reduction and a complete abolition of current proportional representation system and switch to pure-presidentialism like America.

Az „Obama-doktrína” biztonságpolitikai és egészségpolitikai vetületei

Doctrine is a very important factor in the history of the country based on historical retrospect, because the President formulates the guiding principles for the general public and combines a military strategy, which means that it does not agree with other nations, and gives the United States of America free hands. With Obama, “an immense hopes of hope” started, hoping that the leadership of the international community would become constructive. Obama’s rhetorical abilities have enabled him to “hope” and “change” the voters. He could freely interpret his ideas from head to head, but with time it proved that his policy was only at the rhetorical level, the promised steps were often not taken. In addition to excellent speeches, foreign policy has lost its guiding principle. The authors, in their scientific dissertation, primarily focused on presenting the American health policy system, but they touch on some details of the US presidential election system and some elements of the security policy.