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International Journal of
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VOL. 6, ISSUE 4 (2020)
Reconstruction of regional election regulation post-1945 constitution amendment in Indonesia based on justice value
Authors
HM Sukiran Rusdyanto, Gunarto, Anis Mashdurohatun, Agus Pandoman
Abstract
One of the weaknesses of Democracy is that the very concept that supreme power is in the hands of the people themselves. Because as can be seen in Indonesia, this concept makes the election of regional heads also carried out by the community. As can be seen in the general elections held in 2019, where the public was asked to elect leaders from the central to the regions, it actually caused ineffectiveness in terms of time and cost. The problem in this research is What are the weaknesses of the Regulation of the Election of Regional Heads Post-1945 Constitution Amendments at present and How to reconstruct them based on the value of justice. The study was conducted in the perspective of the Constructivism paradigm with the type of socio-legal research and qualitative approach methods. Data used in this research are from interviews and questionnaires supported by literature, legislation and various public documents, while the data analysis was carried out by the method of qualitative critical analysis. The results showed that there were several weaknesses that were found by the author in the implementation of the post-conflict of Regional election, First, the amount of the Option that must be chosen in the Direct Regional Election. Second, the emergence of tension and social insecurity in the elections. Third, the direct Regional elections gave birth to corrupt regional heads as they are directly chosen by the community, not by the central government. Fourth, when compared to the implementation of regional elections abroad through the Regional People's Representative Council or DPRD, such as Australia, the United Kingdom, or the United States, they were still ineffective therefore Regional Head Election Regulation in Indonesia that is regulated in Perppu No. 1 of 2014 concerning the election of governors, regents and mayors in article 2 which originally contained Elections carried out democratically based on the principle of direct, general, free, secret, honest, and fair, needs to be changed to be carried out Elections democratically based on the direct principle represented by the DPRD, public, free, confidential, honest and fair.
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Pages:188-193
How to cite this article:
HM Sukiran Rusdyanto, Gunarto, Anis Mashdurohatun, Agus Pandoman "Reconstruction of regional election regulation post-1945 constitution amendment in Indonesia based on justice value". International Journal of Law, Vol 6, Issue 4, 2020, Pages 188-193
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