How the Constitutional Court Secures the Future of Democracy in Indonesia: Case Study Regional Head Election Dispute Settlement
Keywords:
Elections, Election of Head of Regional Government, Democratization, Sovereignty of the People, the National Election Commission and the Constitutional CourtAbstract
The Implementation of direct local elections was a correction of the local elections with a system of direct appointment by the central government in Jakarta during the era of the 32-years New Order government led by President Suharto. In the Suharto era, regional head candidates submitted without a vice head of the region and should be one name. Such conditions as described above was due to the undemoractic political system. Local elections immediately after the Suharto government is part of the development of a democratic political system. Democratic political participation will bear a truly participatory political system and political stability. However, it is undeniable that the electoral system sometimes was colored with money politics, non-neutrality of election organizers and local officials and all forms of intidimation against other participants. In the past, the Constitutional Court has several times to disqualify the winner of the election for fraudulent practices systematic, structured and massive and ordered a re-election without the participation of the participants who cheat. That is the Constitutional Court's role in fostering democracy in the region.
Downloads
References
Asshiddiqie, Jimly, The Constitutional Law of Indonesia, Selangor: Sweet & Maxwell Asia, 2009.
Bambang Sugeng Rukmono, Pujiyono, Obstacles In The Commission For The Supervision Of Business Competition (Kppu) In Disclosing The Practice Of Corporation Cartels In Indonesia, International Journal of Advanced Sciencem and Technology Vol. 29, No. 4, 2020.
Dicey, A.V. Dicey. Introduction to the Study of the Law of the Constitution [1915] , edited by Roger E. Michener, Indiapolis: Liiberty Fund, Inc., 2011.
Hans Tholen, Indonesia and the Rule of Law, Twenty Years of ‘New Order’ Government, London: Frances Printer Publishers, 1987.
Harman, Benny K., Considering The Constitutional Court, the History of Ideas of Constitutional Review, Jakarta: Penerbit Gramedia, 2013.
Nasution, Adnan Buyung, The Aspiration of Constitutional Government in Indonesia: A Socio-Legal Study of the Indonesian Konstituante 1956-1959, translated into Indonesian by Sylvi Tiwon, second edition, Jakarta: 2001.
Pujiyono Pujiyono, Bambang Waluyo, Reda Manthovani, Legal threats against the existence of famous brands a study on the dispute of the brand Pierre Cardin in Indonesia, International Journal of Law and Management, Emerald Publishing Limited 1754-243X, DOI 10.1108/IJLMA-01-2018-0006, 2018.
Rochaeti, Nur and Pujiyono, Pujiyono, Implementation Study of Restorative Justice for Juvenile Criminal Justice System by Customary Court in Mainland Sulawesi, IOP Conference Series: Earth and Environmental Science Sci. 156 012044, 2018.
Syahrial, Ahmad. The Constitional Court, a Study of Constitutional Adjucation as Mechanism to Settle Conflicting Norms, Jakarta: Pradnya Paramita, 2006.
Siahaan, Maruarar Siahaan, The 1945 Constitution, The Living Constitution, Jakarta: The Consitutional Court of Republic of Indonesia, 2008.
The Constitutional Court of Republic of Indonesia, Blue Print of Building the Constitutional Court as a Trust and Modern Tribunal Court, Jakarta: The Secretariat General of Constitutional Court of Republic of Indonesia, 2004.
Wade, E.C.S. and G. Godfrey Phillips, Constitutional Law, an Outline of the Law and the Constitution, including Central and Local Government and the Constitutional Relations of the British Commonwealth, London: Longmans, Green and Co, fith edition, 1957.
Wolfe, Christopher, The Rise of Modern Judicial Review, from Constitutional Interpretation to Judge-Made Law (New York: Basic Books, Inc., Publishers, 1986).
http://www.mahkamahkonstitusi.go.id/index.php?page=web.ProfilMK&id=1, The History of Constitutional Court of Republic of Indonesia.
http://www.mahkamahkonstitusi.go.id/index.php?page=web.ProfilMK&id=1, The History of Constitutional Court of Republic of Indonesia.
The 1945 Constitution of Republic of Indonesia
https://m.tempo.co/read/news/2016/01/26/063739564/mk-hanya-terima-tujuh-gugatan-sengketa-pilkada- 2015, search 20-06-2016.
Downloads
Published
How to Cite
Issue
Section
License
You are free to:
- Share — copy and redistribute the material in any medium or format for any purpose, even commercially.
- Adapt — remix, transform, and build upon the material for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
- Attribution — You must give appropriate credit , provide a link to the license, and indicate if changes were made . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation .
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.