Regional Head Election In Indonesia Research Articles

Law Enforcement Effectiveness Against the Practice of Money Politics on the Implementation of Regional Head Elections in 2018, in Lahat District (Case Study of Judgment Number: 238/Pid.Sus/2018/PN.Lht)

This study investigates the effectiveness of law enforcement measures in curbing the pervasive practice of money politics during the implementation of regional head elections in 2018, focusing on the case of Lahat District. Money politics, characterized by using financial resources to influence electoral outcomes, poses a significant threat to the democratic process and the integrity of elections. The research aims to assess law enforcement agencies' strategies to counteract and prevent the infiltration of money politics in the electoral landscape. The methodology involves a comprehensive analysis of legal frameworks, law enforcement initiatives, and their practical implications in the Lahat District during the 2018 regional head elections. Data will be collected through interviews with key stakeholders, including law enforcement officials, election commission representatives, political candidates, and community leaders.Reviewing relevant documents, reports, and media coverage will also contribute to a holistic understanding of the electoral process dynamics. The findings of this study aim to provide insights into the challenges faced by law enforcement agencies in the Lahat District and propose recommendations for enhancing their effectiveness in addressing the issue of money politics. Understanding the specific context and experiences of the Lahat District can contribute to the development of targeted strategies that can be applied more broadly to strengthen the overall integrity of regional head elections in Indonesia and beyond. Ultimately, the research aspires to advance transparent, fair, and democratic electoral practices by mitigating the influence of illicit financial activities on the political process.

Strengthening the Constitutional Court’s Authority to Adjudicate on Disputes Regarding the Result of Regional Head Election In Indonesia: an Urgency to Clarify the Constitutional Framework

<em>Since the Constitutional Court is the guardian of democracy and the constitution, it is responsible for ensuring that elections in Indonesia are held in a democratic manner. The power rotation process must be carried out calmly and collectedly, without any significant breaches of people's fundamental rights or acts of violence. The instrument of authority is a necessary component for the Constitutional Court to achieve all of the goals stated in the text. The functioning of the Constitutional Court's authority to resolve disputes relating to the outcomes of Indonesia's regional head elections will be further examined in this research.</em> <em>Then, in order to determine the necessary treatments, a worldwide comparison of the increasing symptoms with those of other countries will be carried out. The research methodology used is doctrinal legal study using a comparative constitutional research strategy. The findings demonstrated the weakness of the Constitutional Court's authority to resolve disputes over the outcomes of regional head elections. It was observed that there were </em><em>three distinct interpretations of the norms that formed the basis for legitimacy, which resulted in progressive changes to this authority. The Republic of Indonesia's 1945 Constitution's ambiguous normative framework for regional head elections has led to ongoing interpretations</em> <em>It is really unique in light of the fact that the constitutions of 43 of 72 unitary nations in the world </em><em>fully regulate election procedures and the course of </em><em>dispute settlement in the event of a dispute. In fact, they specifically mention in one or more of the Constitutional Court's complete authority articles the nature of authority and the scope of elections. It is imperative to promptly establish the precedent with clear legal politics declaring that regional head elections are elections in order to guarantee that the Constitutional Court hears the majority of cases.</em>

ANOMALI DEMOKRASI INDONESIA: Kontroversi Peningkatan Partisipasi Politik pada Pemilihan Kepala Daerah dalam masa Pandemi Covid-19

This study discusses the implementation of regional head elections in Indonesia which took place during the Covid-19 pandemic. The study focuses on explaining the high level of voter turnout when Covid-19 hit Indonesia in 2020 which exceeded the turnout rate in normal situations and contrary to the trend of declining global voter turnout. This research uses descriptive qualitative methods with secondary data obtained from official government institutions (especially the election commission and Ministry of Health), mass media both newspapers and other social media, as well as the results of research conducted by other researchers. The results showed that the high level of voter turnout during the Covid-19 pandemic was an anomaly of democracy in the midst of activity restrictions and the trend of declining global voter turnout. The high voter turnout during the Covid-19 pandemic was inversely proportional to the economic downturn and public confidence in government. This study found that the main factor for increasing voter turnout during the Covid-19 pandemic was the massive mobilization of social assistance funds from the government. Theoretically, this is a synthesis of the mobilization model and the general incentives model of participation in a pragmatic context.

Election Dispute Resolution and Justice as Fairness: A Study of Regional Head Elections in Indonesia

Abstract: The concept of justice is still relevant for debate, involving two political and legal perspectives. However, the two met in the context of resolving election disputes. Namely the election justice mechanism to resolve all forms of election disputes. This study will focus on resolving election result disputes, the 2020 Regional Head Election Results Dispute. John Rawls is a philosopher and political theorist who strongly influenced the tradition of justice theory. The concept of justice is offered from criticism of utilitarianism and intuitionism. Justice as fairness is a concept of justice that is procedurally fair but also justice that benefits as well as opportunities that are just (equal). Purpose: This article aims to elaborate Regional Head Election Results Dispute from Rawls’ justice as fairness approach to resolve election disputes. Design/Methodology/Approach: The research method used is qualitative research. Using a descriptive approach and literature study as data collection techniques. Findings: There is still a serious debate about achieving the concept of justice between substantive and procedural justice in electoral studies regarding the equitable settlement of election result disputes. A just Regional Head Election Results Dispute indicates the degree of democracy in implementing direct, general, free, confidential, and honest, fair elections (LUBER JURDIL). Constitutional democracy is a meeting point between Rawls' democratic tradition and Plato's nomocracy. Originality/value: Many articles on Regional Head Election Results Dispute philosophically explain Rawls’ justice as a fairness concept. However, this article explores the relationship between Regional Head Election Results Dispute phenomenon through Rawls’ philosophical concepts.

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.

Political Broker Giving Money and Intimidating in Regional Head Elections in Indonesia

This study was conducted to reveal the models of political brokers and their operating patterns in regional head elections in Indonesia. This research used descriptive qualitative method. Data was collected through in-depth interviews with informants who were directly involved in the regional head election. From the research conducted, it is found that political brokers in regional head elections in Indonesia are village heads, and community leaders. Political brokers perform their role in two ways. First, by giving money to the head of the electorate. The money comes from regional head candidates who are given by the winning team for regional head candidates for political brokers. The money given by regional head candidates to political brokers consists of money for own political broker and operational money, as well as money to be distributed to voters. Second, political brokers also act to intimidate, threaten and frighten potential voters, if they do not vote for candidates who are supported by political brokers.

Voter Behavior in Regional Head Elections During the Covid-19 Pandemic: Data and Analysis

This research was conducted to analyze how voters behave in regional head elections in Indonesia, during the Covid-19 pandemic. The method used in this research is descriptive qualitative. Data collection was carried out by means of in-depth interviews with various informants who were directly involved in the election of regional heads, election committees, election supervisors and voters. In addition, data collection was also carried out by tracing documents relevant to the research topic, both documents originating from the election committee and supervisors. From the research that has been done, it has been revealed that the voters in the regional head election which took place in Sumenep Regency, Indonesia in 2020 behaved pragmatically and permissively towards money politics. This was caused by the poor economic conditions of voters, during the Covid-19 pandemic. This pragmatic behavior also encourages their presence to choose a pair of candidates who give money. Thus, the level of voter turnout and participation in regional head elections is higher than before the Covid-19 pandemic. This research has limitations in the scope of research, which is only carried out in Sumenep Regency, Indonesia in 2020, so it cannot represent Indonesian society in general.

The Phenomenon of Political Dynasty in Regional Head Elections in Indonesia

Direct regional head elections (Pilkada) provide opportunities for civilian circles to become candidates for regional heads, but this has created a new problem, namely the rampant phenomenon of dynasty politics. This condition is quite concerning, not only because incumbent families participate in the replacement, but also due to the negative effects of the desire for power. Therefore, it is necessary to analyze why the phenomenon of dynasty politics emerges and its influence on the implementation of Pilkada. Additionally, it is important to analyze how this phenomenon is viewed from the perspectives of human rights, law, and justice. This is in line with the research objective, which is to analyze the causes of the emergence of dynasty politics and its influence on Pilkada, as well as to analyze the phenomenon from various perspectives. The research method used is socio-legal. The conclusion drawn is that the emergence of dynasty politics is due to the recruitment function of political parties not being based on quality and the weakness of regulations. This has consequences for the implementation of Pilkada, resulting in candidates who are of lower quality and competence. From a human rights perspective, the regulations regarding dynasty politics may indeed violate human rights, but considering the widespread phenomenon of dynasty politics, it is not excessive to establish rules similar to those previously included in Law Number 8 of 2015. From a legal perspective, election laws and political parties should also be improved. All of these efforts are intended to prevent the further spread of dynasty politics, as it can result in injustice for other individuals who wish to run for office.

Pseudo-judicial Review for the Dispute over the Result of the Regional Head Election in Indonesia

In Indonesia, the Constitutional Court has the power to decide the dispute over the result of the national election, including that of the regional head election. In practice, the Constitutional Court exercises power with the so-called pseudo-judicial review for the result of the regional election dispute. This study aims to analyse the rationale of the Constitutional Court to implement a pseudo-judicial review over the regional head election result, given the judicial activism that also is limited to checks and balances. It also links the theoretical basis for rule-breaking and judicial activism by the Constitutional Court, the transition of the Constitutional Court's power in deciding regional election disputes from temporary to permanent, as well as further analysis of why the Constitutional Court needs to file a lawsuit for review. This study used legal research that examined legal principles and regulations with a theoretical approach analysed qualitatively. The results of this study indicate that pseudo-judicial review affirms the legal breakthrough beyond ordinary decisions as this was made on the ground of the public interest. While the Constitutional Court is essential in maintaining and overseeing democracy in Indonesia, the rationale of the Constitutional Court under the public interest is justified as it is constitutionally correct that has led to judicial activism. A pseudo-judicial review is for substantial justice and can influence time efficiency.

LEGAL POLITICS OF REGIONAL HEAD ELECTIONS DURING THE COVID-19 PANDEMIC: DO ANTAGONISTIC IMPLICATIONS?

This research aspires to know and analyze the political law of regional head elections in Indonesia in the midst of the COVID-19 pandemic. Next, the implications of COVID-19 are explored to determine its impact on the implementation of regional head elections and democracy in Indonesia. This study aims to analyze the political laws of regional head elections in Indonesia when the COVID-19 pandemic happened and explore the implications of the pandemic on regional head elections and democracy in Indonesia. This research used normative juridical method with specifications in the analytical descriptive investigation, secondary data was used to examine research data qualitatively. The study found that the rescheduled simultaneous regional elections during the COVID-19 pandemic were carried out in December 2020 while also applying stringent health protocols. The COVID-19 pandemic is believed not to have affected democracy in Indonesia since the process was carried out in a direct, open, public, secret, honest, and fair manner. this study also found that public participation in regional head elections amid the COVID-19 pandemic increased compared to previous years; voter turnout in 2015 was 69.35%, and the number increased to 74.89% in 2017. the participation further progressed to 76.09% in 2020 despite the happening pandemic.

Political Broker Giving Money and Intimidating in Regional Head Elections in Indonesia

The election of regional heads is actually a place to take choices directly by the people or voters in the regions. But in fact, the choice of voters is much influenced, even manipulated by political brokers. This study was conducted to reveal the models of political brokers and their operating patterns in regional head elections in Indonesia. Political brokers have hijacked direct democracy in local elections. The regional head should have a direct contract with the voters, related to the work program at the time of contestation and accountability at the time of election. But the process was hijacked midway by political brokers. Political brokers have long operated in the process in Indonesia, both general elections, presidential elections, village head elections, and regional head elections. This research used descriptive qualitative method. Data was collected through in-depth interviews with informants who were directly involved in the regional head election. From the research conducted, it is found that political brokers in regional head elections in Indonesia are village heads, and community leaders. Political brokers perform their role in two ways. First, by giving money to the head of the electorate. The money comes from regional head candidates who are given by the winning team for regional head candidates for political brokers. The money given by regional head candidates to political brokers consists of money for own political broker and operational money, as well as money to be distributed to voters. Second, political brokers also act to intimidate, threaten and frighten potential voters, if they do not vote for candidates who are supported by political brokers.

Digital democracy and brokerage dynamics in regional head elections in Indonesia

The progress of the digitalization era in democracy has led to changes in the current political contestation, especially the way candidates approach voters. This study explores broker schemes in the digital world regarding how candidates use social media to build a broker network. This study used qualitative research, by observing social media and interviewing several key informants. This study finds that in the era of digital democracy, candidates use social media to develop digital brokers, but as a pre-elaboration and intensively introduce the candidate's real work to voters. Some candidates believe that conventional brokers are still final in knowing and binding broker loyalty, but winning candidates experiment with digital brokers. On the other hand, digital democracy has provided space for candidates to focus on brokers on social media to code the brokers who will be targeted or nominated to become structured conventional brokers. This study expands the study of brokers in electoral political studies, especially insights related to digital brokerage schemes and adds focus to the study of regional elections in Indonesia. This study concludes that digital brokers are a strategy for expanding digital voter networks and persuading candidates' work to voters on social media in the long term.

Bureaucratic Neutrality Index in Direct Regional Head Elections: Optimism in Developing Professional Bureaucracy in Indonesia

The study aimed to describe bureaucratic neutrality at regional level and its necessity in direct regional head elections in Indonesia. This research is important in examining whether state civil apparatuses are tempted to enter the practical political arena in regional head elections despite being prohibited by the principle of bureaucratic neutrality. This study employed a descriptive quantitative research method and index analysis techniques. A research population of 12,539 state civil apparatuses (SCAs) in Banyumas, Indonesia was utilized, 400 of which were selected as the research samples. Employing Slovin formula, 95% confidence level and margin of error 4.92% were obtained. This study indicates a satisfactory level of bureaucratic neutrality at 3.18 or 79.59. Indicators of high bureaucratic neutrality level include the absence of SCAs’ support to non-incumbent or incumbent regent candidates on social media as well as the non-response of SCAs to the request of incumbent regent candidates‘ campaign team to perform actions that may benefit incumbent regent candidates. Meanwhile, indicators of low bureaucratic neutrality level include the preservation of neutrality upon discovering other SCA colleagues’ support to non-incumbent or incumbent regent candidates on social media and the preservation of no support to non-incumbent or incumbent regent candidates. These findings present an opportunity to realize a professional merit and bureaucracy system in Indonesia. This study offers recommendations of increased neutrality awareness campaigns among bureaucratic officials and the importance of encouraging SCAs to consistently remind colleagues who may violate the principle of neutrality. Enforcement of legal actions against violators of bureaucratic neutrality is also necessary as a deterrent effect for bureaucratic officials who are not committed to upholding bureaucratic neutrality.

The Role Of The Tni Is To Achieve The Election Of The Regional Head Of The Governor Of Central Java, General, Free, Secret, Honest And Fair

The TNI is required to be able to carry out its duties and functions in accordance with applicable laws. In this case, the TNI must be able to carry out its role in guarding the Indonesian nation's democratic party so that it can run smoothly and safely. It is undeniable that there are still unscrupulous members of the TNI who commit violations in the Pilkada, resulting in public statements related to the existence of government institutions that are not neutral, thus forming public opinion on the performance of the TNI. The formulation of the problem in the research is (1)What is the role of the TNI in realizing the Election of the Regional Head of the Governor of Central Java which is direct, general, free, confidential, honest and fair? (2) Why does the TNI need to maintain and realize a direct, general, free, secret, honest and fair election for the Regional Head of the Governor of Central Java? (3) What is the ideal concept expected for the TNI to realize the Election of the Regional Head of the Governor of Central Java which is direct, general, free, confidential, honest and fair? The approach used is sociological juridical, which means that this research is studied with laws and regulations and legal norms in accordance with the problems that exist in the field. Based on the results of the study, data were obtained that (1) The role of the TNI in the Regional Head Elections in Indonesia in the field of security was in principle an assistance to the Police. (2) The TNI needs to carry out its role in the Pilkada to protect against threats and disturbances that may arise in the holding of the Pilkada together with the National Police based on the law to carry out the duties of Kamtibmas. (3) The TNI must be able to put forward its professionalism as a TNI soldier in accordance with its identity, based on state politics and not taking sides with any group. Therefore, it is necessary to create ideal conditions so that they can be used to increase public trust and increase soldiers' understanding of the neutrality of the TNI.

Discourse on Reporting Political Campaign Funds in Regional Head Elections in Indonesia

In the regional head election discourse, reporting campaign funds is a central issue in realizing democratic practices that comply with the rules. This study aims to discuss the issue of reporting campaign funds in the implementation of regional head elections in Indonesia. Through a qualitative approach with descriptive narratives and the instruments used are interviews with informants who understand the issue of campaign finance reporting, especially in the 2020 regional head election. The use of the campaign finance information system application is considered effective in reporting campaign funds if it is judged by the ease of access, the usefulness of time, and disclosure of information in unraveling the chaotic reporting of campaign funds at every political stage. Although the issue of verification of report data is a concern that needs to be constantly criticized so that related parties can improve the quality of verification according to an open and sustainable procedure.

Degradation of democracy with the existence of a single candidate for regional head elections in Indonesia

Regional head elections are part of the implementation of a democracy which is essentially indicated by political participation. The political elite at the central government also influences political competition in the regions. Every regional head election has to have a recommendation letter from the central board of the political party. The recommendation letter is a requirement for candidates for regent or mayor who will register to the General Election Commission (KPU). The general elections for regional heads are carried out to meet the demands of the community to elect their regional leaders directly with the spirit of democracy. Political elites often misuse democracy in pursuing power for personal or group interests so that a single candidate appears in the regional head elections. This study analyzes the relationship between the political elites and a single candidate using qualitative methods with descriptive analysis based on credible data sources. The results of this study stated that the political elite manipulate a significant role in gathering all-party support with a separate agreement so that a single candidate emerged in the regional head elections. This study concludes that the existence of a single candidate in the regional head elections results in a degradation in the democracy in Indonesia.

PEMILIHAN KEPALA DAERAH LANGSUNG DI INDONESIA PRESPEKTIF AL-MAWARDI

This study discusses the mechanism of direct regional head elections in Indonesia and the analysis of direct regional head elections in Indonesia from Al-Mawardi's perspective. Data collection techniques such as primary legal materials, secondary legal materials and tertiary legal materials, as well as data management so that they can answer problems. Based on the research that the author has done, it can be concluded that the mechanism for the first direct regional head election in Indonesia is based on Law Number 10 of 2016 concerning regional head elections which are carried out directly by using the stages of compiling the voter list, campaign stages for regional head requirements, polling vote and vote counting, appointment of regional heads. The second is an analysis of the implementation of direct regional head elections in Indonesia and according to al-Mawardi there are similarities and differences in the mechanism, requirements, authority of regional heads and stages of regional head elections.

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

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

REVIEW OF THE NATIONAL LEGAL SYSTEM ON THE MECHANISM OF RESOLVING CRIMINAL ACTS OF REGIONAL HEAD ELECTIONS BASED ON INTER-AGENCY AUTHORITY

An election crime can be formulated as any action/deed (active/passive) that violates the provisions in the stages of election administration and is threatened with criminal sanctions. Many people claim that at this time the election. This research uses normative legal research, with a research approach to legal systematics. Forms of normative legal research. The data of this study consisted of secondary data. Secondary data is data obtained from relevant literature studies in this study. Secondary data is "data sourced from library research related to publications, namely library data listed in official documents. The role of law enforcement agencies with Bawaslu in handling criminal acts of regional head elections in Indonesia is based on the provisions of Article 146 of Law Number 6 of 2020 concerning the Election of Governors, Regents and Mayors, which describes the cooperation between institutions in handling them, namely Bawaslu, the Police and the Attorney General's Office. . The application of criminal sanctions for perpetrators of the General Election of Regional Heads must first meet the criminal elements contained in each criminal article, namely those in Article 177 to Article 198A of Law Number 6 of 2020 concerning the Election of Governors, Regents, and Mayor. After the elements of the article are fulfilled, the perpetrator can be charged with sanctions or criminal responsibility. The national legal system in viewing the inter-institutional authority in the settlement of criminal acts of regional head elections recognizes the position and role of Bawaslu and its staff, namely by forwarding reports of alleged criminal acts that have been studied and proven to be true to the state police of the Republic of Indonesia.

THE LEGAL ASPECT OF MONEY POLITIC IN THE ELECTION OF REGIONAL HEAD IN INDONESIA

Money politic in regional head election in Indonesia is the serious crime. Money politic perpetrators can be sentenced to prison. The practice of money politic harms democracy in Indonesia. For this who is proven to have committed the criminal act of money politic in the criminal event, repressive criminal law enforcement effort can be imposed on the person concerned. The procedure for repressive law enforcement against perpetrators of money politic in it is by referring to the Indonesian Criminal Law.