Legal Review of Individual Candidate in Direct Elections
Jurnal Internasional
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https://heinonline.org/HOL/LandingPage?handle=hein.journals/jawpglob61&div=18&id=&page=
ISSN 2224-3240 (P per) ISSN
2224-3259 (Online)
Vol.61, 2017
Review of Individual Candidate in Direct Elections
Kelik Endro Suryono , Hartanto
Faculty of Law Universitas Widya Mataram Yogyakarta,
Ndalem Mangkubumen KT III No 237 Kota Yogyakarta, Indonesia
Abstract
One element of the absolute existence of a state is sovereign, in which Indonesia adheres to the sovereignty of the people is reflected in direct democracy one of which is the Election of Regional Head and Deputy Regional Head. Decision of the Constitutional Court Number 5/PUU-V/2007 opens the widest possible opportunity for prospective individual candidate to go forward as a candidate for the head area. Law Number 8 of 2015 is the replacement of Law Number 1 of 2015 and Law Number 1 of 2014 on the Election of Regional Head and Deputy Head of Region where the participating proposed by a political party, coalition of political parties, or individuals who registered or register at the General Election Commission (Komisi Pemilihan Umum or KPU).
In addition to the study of law governing local elections, this study also presented some obstacles for
independent candidates in local elections. Where, researchers used a normative law research methods with the approach of legislation (statue aproach). Legal materials collected through the inventory and identification procedures of legislation and classification and systematization of legal materials suitable research problems.
Keywords: Election, Residents, Democracy, Constitution, Law, candidate
1. INTRODUCTION
One element of the absolute existence of a state is sovereign, in which Indonesia adheres to the sovereignty of the people. Popular sovereignty is manifested in the general will is the will of all the people together as one nation that leads to a common interest or public interest. Thus, the Act should reflect the public interest is determined directly by the people in a meeting (direct democracy). One characteristic of a democratic constitutional state is a general election to elect a leader directly. There are several types of elections, the general election of President and Vice President, Legislative Elections, and Election of Regional Head. Earlier, the Regional Head and Deputy Head of Region elected by the Regional Representatives Council (DPRD). Election of Regional Head and Deputy Head of Direct or often called elections Direct is a democratic mechanism in the context of recruitment of leaders in the region, where the population as a whole have the right and freedom to
choose the candidates they support [6]. Based on Law Number 32 of 2004, participants of the elections are a couple of candidates proposed by political parties or coalition of political parties.
Furthermore, the letentuan amended by Law Number 12 of 2008 which states that the elections can also be derived from pairs of independent candidates backed by a number of people. Arrangements regarding the election of Regional Head also reinforced by the Government Regulation in Lieu of Law Number 1 of 2014 which was converted into Law Number of 2015. Law Number 1 of 2015 relating to the elections of Governors, Regents and Mayors changed again with Law Number 8 of 2015 [7]. The new system of independent candidacy in these elections open a democratic space that spawned local currents healthy competition as an effort to find a qualified leader figure, in order to meet the region amid global flows.
The phenomenon of independent candidates can not be detached from the realities of the political party, which continues to make the public lose confidence. Pros and cons of independent candidacy appears on this phenomenon. Some argue that the phenomenon can impact deparpolisasi adverse political party. Others actually welcomed the independent candidate in this election because it will expand the democratic space. The emergence of independent candidates are also considered to be an excellent reflection of the political parties to seriously carry out its functions, especially regeneration to appear with the prospective head region of credible and competent so that the government filled by leaders who are able and willing to provide services and policies that suit the needs of the real society.
2. LITERATUR REVIEW
2.1 Election of Regional Head and Deputy Regional Head (Election)
Election of Regional Head and Deputy Regional Head (elections) is a very important instrument in the regional
administration based on the principles of democracy in the region, because this is a manifestation that the people
as sovereign determine the policy of the state. This connotes that the ultimate power to govern the State is on the
people. Through elections, people can choose who is the leader and his deputy in the process of channeling
aspirations, which in turn determine the future direction of a countr.[1]
According to Article 1 paragraph (1) of Law Number 8 of 2015 concerning the elections, hereinafter
referred to as Election is the implementation of the sovereignty of the people in the province and district/city to
elect the Governor and the Deputy Governor, the Regent and Vice Regent, as well as the Mayor and Deputy
Mayor are direct and democratic[8],[10],[12].
Direct local elections have their benefits and expectations for growth, deepening and expansion of local
democracy:[2]
a. Open a wide space for citizen participation in the democratic process and determine the political leadership
at the local level than the system of representative democracy more putting the power to determine the
political recruitment in the hands of a few people in Regional Representatives Council (oligarchic).
b. Direct elections allows the emergence of competent candidates in a more open space than the frequent
closure of representative democracy.
c. Allowing citizens to actualize their political rights are better without must be reduced by the interests of the
political elite as a visible appearing in the system of representative democracy.
d. Enlarge hope to gain a leading figure aspirational, competent and legitimate.
e. Check and balance in the area between the Regional Head with Regional Representatives Council, the
balance of power will minimize implementation of power as it appears in the form of a monolithic political.
2.2 Principles of Direct Election
The principle of election Direct has been established in Article 2 of Law No. 1 of 2015 on Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on Governors, Regents and Mayors Being Act which states, "Regional Head and Deputy Head of Region selected in one pair of candidates conducted democratically based on the principles of direct, public, free, confidential, honest, and fair.”[3]
2.3 Objectives Implementation of Direct Election
Direct election is actually a response to constructive criticism on the implementation mechanism of indirect democracy is often called a representative democracy. This means that the people do not directly articulate its interests to the public policy agenda, but rather representations on a small number of people. The idea of direct elections is considered as a form of direct democracy. [3]
Direct local elections aims to select Regional Head and Deputy Regional Head directly as a solution of representative democracy that has been running long enough. People in a region can choose their own leaders and expected to be able to channel the aspirations of the people and really become a leader who understands the agenda of regional autonomy so it can run as appropriate, people's expectations.
2.4 Importance of Direct Election
There are five considerations importance of holding elections of regional heads straight for the development of
democracy in Indonesia:[3],[6]
a. Direct election is a response to the demands of the people's aspirations.
b. Direct election is a manifestation of the constitution and Law Dasar 1945.
c. Direct election as a learning tool for people's democracy or political (civil education).
d. Direct elections as a means to strengthen regional autonomy.
e. Direct election is an important means for the regeneration process of national leadership.
2.5 Regional Head Election Law Direct
Legal arrangements direct regional head elections have undergone several changes and improvements, which
include[8],[9]:
a. Law No. 22 of 2014 On the Election of Governors, Regents and Mayors.
b. Law No. 1 of 2015 successor Law No. 22 of 2014 On the Election of Governors, Regents and Mayors.
c. Law No. 8 of 2015 successor Law No. 1 of 2015 On the Election of Governors, Regents and Mayors.
2.6 Individual Candidates
The emergence of independent candidates in elections as a follow-up of the Constitutional Court Decision No. 5/PUU-V/2007 which gives the sense in which independent candidates can compete in the recruitment of the nomination and the deputy head of the region through the mechanism of elections without political parties use as a media struggle[4]. Fondness community will be an independent candidate at least expected to achieve several goals. First, break partitokrasi (democratic political parties) in order to lower the aspirations of getting a place in the political process. Second, it allows the candidate of the people who are considered more qualified than just public figures who carried a handful of elite political party. Third, encourage internal democratization of political parties.[4]
2.7 Individual Requirements
To register as a candidate for governor and lieutenant governor candidate, a person must disqualify support as stipulated in Article 41 of the Election Act. Individual candidate requirements in detail stipulated in Article 41 paragraph (1) and (2) of Law No. 8 of 2015 [10]. To province with a population of more than 6,000,000 (six million) lives up to 12,000,000 (twelve million) people must be supported by at least 7.5%. This provision is based on the Decision of the Constitutional Court in Case No. 60/PUU-III/2015 turned into a matter of the percentage of support based on the number of people who have had the right to vote as stipulated in the list of voters remain in the regions concerned in the previous general election. Independent candidates become
candidates for regional head and deputy regional head shall gather the support of their constituents [10]. This support can be done with the attached affidavit of support in the identity card. If you have fulfilled the requirements of the terms that have been collected submitted to the Regional Election Commission (Election Commission) to be verified, and further examination of the terms that have been attached by a pair of candidates of regional head and deputy. If it has passed the verification, then the Election Commission set a pair of candidates at least two (2) candidates who poured in Minutes Determination candidate pair. The next process is done openly lottery to assign the serial number of pairs of candidates.
3. RESEARCH OF METHOD
In this study, researchers used a method of normative legal research (normative law research) using case studies of normative legal behavior in the form of products, for example, reviewing the legislation. The approach method in this research is the approach of legislation (statue aproach). Legal materials collected through the inventory and identification procedures legislation, as well as the classification and systematization of legal materials suitable research problems. In particular normative legal research legal research resources obtained from the literature instead of the pitch (legal material) and secondary data. Here are some of the ingredients of
existing laws in this study[5]:
a. Primary legal materials, which are materials that have legal authorization. The primary legal materials
consisting of:
- Law Dasar 1945.
- Law Republic of Indonesia Number 22 Year 2014 regarding the Election of Governors, Regents and Mayors.
- Law Republic of Indonesia Number 8 Year 2015 on the Amendment of Act No. 1 of 2015 Concerning
Determination of Government Regulation in Lieu of Law on Calom Governors, Regents and Mayors.
- Law Republic of Indonesia Number 23 Year 2014 on Regional Government.
- Election Commission Regulation No. 12 Year 2015 on Amendment Election Commission Regulation No. 9 Year 2015 On The nomination of the election of Governor and Vice Governor, Regent and Vice Regent, and /or the Mayor and Deputy Mayor.
- Constitutional Court Decision No. 5/PUU-V/2007 on Case Decision Application Filing Law No. 32 of 2004.
b. Materials Secondary law, namely the legal materials that are closely related to the primary legal materials and can help analyze and understand the primary legal materials. Among the secondary legal materials in this study are books, theses, journals and documents to review on matters relating to research problems.
c. Tertiary Legal Materials, legal materials which provides an explanation of primary legal materials and secondary law.
- Law Dictionary
- Indonesian dictionary
- Study of the theory of literature, scientific papers and other written sources.
On normative legal research, data management is done by mensistematia materials written law. This is done by classifying systematizing legal materials to facilitate the work of analysis and construction. Descriptive qualitative analysis of data can not be calculated. Legal materials were then conducted discussions, inspection, and clustering in specific parts to be processed into information data. Results of analysis of legal materials interpreted in the form of a systematic interpretation, grammatical and teleological. Here are the stages of research conducted:
a. Preparation Research
Doing the preparation of pre-proposals for research, followed by the preparation of the study, in consultation with the main supervisor, approved by the supervising research, making data collection instruments both literature and field data, paperwork permit research.
b. Implementation Research
To study conducted by studying reference literature, research reports associated with this research, as well as searching for data in the form of regulations that control of this problem being studied to do in the library.
c. Report Writing
Perform data processing and analysis of data obtained through library research and field research,
consultation with the supervisor, drafting a research report.
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