Jurnal Adhyasta Pemilu最新文献

{"title":"Evaluasi Penegakan Hukum Pidana Pemilu dalam Penyelenggaraan Pemilu 2019","authors":"Muhammad Nur Ramadhan","doi":"10.55108/jap.v2i2.12","DOIUrl":"https://doi.org/10.55108/jap.v2i2.12","url":null,"abstract":"This paper will analyze the implementation of alleged treatment of election crimes in the implementation of election 2019. There are several weaknesses in the handling of alleged election crimes through the Integrated Law Enforcement Center (Sentra GAKKUMDU), first related to differences in understanding among the elements in Sentra Gakkumdu and both patterns of relations between Sentra Gakkumdu, become One of the obstacles indicators in election criminal law enforcement.On the other hand, there are challenges that should be promptly responded in the future democracy process, which is about the electoral law enforcement through the Sentra Gakkumdu which is still a big question in Democracy journey in Indonesia. Findings in the election 2019, there is a weakness of the electoral law enforcement, it is reflected in some cases that are handled through the Sentra Gakkumdu namely the termination of the declaration of Governor and 5 (five) regional head supports one of the presidential candidate in West Sulawesi (Sulbar) and the termination of cases of alleged violations in the stage of the campaign conducted by 12 (twelve) regional head in West Sumatera (Sumbar). Both cases can be the benchmark to evaluate the law enforcement in the implementation of the 2019 election. Analysis in this study was written based on a quality study with a juridical approach, which is to look at a series of primary legal resources in the form of legislation, other regulations related to political parties, both from aspects Institutional and implementation of elections. In addition, this study also considers secondary legal resources in the form of related literature, with the information provided from other relevant news sources. This analysis is expected to describe in detail the problem of the electoral law in the elections faced in the 2019 election and can be the answer to the problem.","PeriodicalId":168397,"journal":{"name":"Jurnal Adhyasta Pemilu","volume":"147 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129183821","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Mengembalikan Tahapan Uji Publik Pada Pilkada","authors":"Marliana Eka Fauzia","doi":"10.55108/jap.v3i2.14","DOIUrl":"https://doi.org/10.55108/jap.v3i2.14","url":null,"abstract":"The writing of this article is intended to evaluate the urgency of revising the Pilkada Law, on eliminating public examination points. The DPR removed public test points in the revision of the Election Law No. 1 of 2015, and was replaced by the Election Law No. 8 of 2015. Until the current election law No. 10 of 2016 there has been no re-discussion regarding the stages of public testing. The public test is a stage of competency and integrity testing for candidates for regional head and representative in an open manner which is independently formed by the Provincial / Regency / City KPU. Public test points were removed on the grounds that they were inefficient and time consuming. Based on this, the authors identify that the elimination of public testing can limit public participation in deliberative public spaces. And if the public test is returned at the election stage, it can improve the quality of democracy. As a theoretical review in this article the writer uses the concept of public space. While the research method uses qualitative through literature study. The results of this paper indicate that it is important to maintain a public test mechanism to restore the public space for the implementation of the elections. The existence of this public space ensures that there is space for public participation, the public can find out the track record of the candidates, build communication between candidates and voters and that public trials can be used as a deliberative campaign. Therefore, the public test can be returned to the election mechanism by adding a committee from various elements of society (farmers, laborers, entrepreneurs, village heads, educators, students and other elements of civil society). So that the public test becomes the preliminary election before the election day takes place.","PeriodicalId":168397,"journal":{"name":"Jurnal Adhyasta Pemilu","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122769790","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Frase Kata Memerintahkan dan Merekomemendasikan dalam Putusan Bawaslu Terkait Pelanggaran Administratif Pemilu","authors":"Fauzi Heri, Retna Elyasari","doi":"10.55108/jap.v2i1.38","DOIUrl":"https://doi.org/10.55108/jap.v2i1.38","url":null,"abstract":"Election Supervisory Agency Regulation Number 8 Year 2018 concerning Settlement of Election Administrative Violations has become a guideline for the Election Supervisory Agency in accepting, examining, reviewing, and deciding allegations of Election Administrative Violations. However, there are inconsistencies in the verdict draft stated in Article 55 and Article 56 where there are phrases “ordered” and “recommend”. The General Election Commission must follow up the verdict of the Election Supervisory Agency Election. The verdict of the Election Supervisory Agency contains the phrase “ordered” will not be interpreted otherwise. While the phrase “recommend” can be interpreted differently considering the word recommendation can be interpreted as a suggestion or input. This study is a normative legal research with a qualitative approach. Primary and secondary data were collected through interviews and legislation, general election books whereas the definitions of research variables obtained from dictionaries, encyclopedias and internet media. The results of this study indicates that the phrase “recommend” can be interpreted differently, therefore it has the potential for wrong execution.","PeriodicalId":168397,"journal":{"name":"Jurnal Adhyasta Pemilu","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125125025","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pelindungan Hak Pilih Penyandang Disabilitas Mental dalam Pendekatan Rangkaian Proses Pasca Putusan Mahkamah Konstitusi Nomor 135/PUU-VIII/2015","authors":"Fajri Nursyamsi, Muhammad Nur Ramadhan","doi":"10.55108/jap.v3i1.25","DOIUrl":"https://doi.org/10.55108/jap.v3i1.25","url":null,"abstract":"The Constitutional Court Decision Number 135 / PUU-XIII / 2015 stated that the requirement for \"not being mentally / memory disturbed\" to be registered as a voter in Law Number 8 of 2015 is unconstitutional. The decision opens a new perspective on the protection of suffrage for persons with mental disabilities, and acknowledges that mental / memory impairment conditions are not the same between one person and another. The decision is in accordance with the development of thoughts on the legal capacity of persons with disabilities using a continuum approach, which recognizing that everyone is a legal subject, but practically it is necessary to look at the person's ability to exercise their rights, especially in decision making. The Constitutional Court decision has been applied in various regulations related to elections, which cannot be separated from the efforts of disabled people organizations to implement it. However, the changes are still at the administrative level, have not resulted in a change in perspective on the recognition of the legal capacity of persons with mental disabilities. In practice, there are still cases of persons with mental disabilities who were not registered as voters so that they are forced to be unable to exercise their voting rights. Based on this explanation, it is important to analyze how the legal capacity approach for persons with mental disabilities is used in the Constitutional Court decisions Number 135 / PUU-XIII / 2015, and how this approach should be applied to ensure the protection of the suffrage rights of persons with disabilities. This legal research was conducted using a qualitative approach, using primary sources of law in the form of statutory regulations and other forms of policy, as well as secondary sources of law in the form of literature and other valid and relevant information. This study presents a discussion of the suffrage rights of persons with mental disabilities using a continuum approach that has not been discussed in previous studies, so that it is expected to be able to sharpen the implementation.","PeriodicalId":168397,"journal":{"name":"Jurnal Adhyasta Pemilu","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126744068","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penegakan Hukum Mahar Politik dalam Pilpres 2019 Ditinjau dari Politik Hukum Pidana","authors":"Irwan Hafid, Dendy Prasetyo Nugroho","doi":"10.55108/jap.v2i2.27","DOIUrl":"https://doi.org/10.55108/jap.v2i2.27","url":null,"abstract":"The issue of political dowry, relatively, becomes a sustainable warning of problems in every general election in Indonesia. Such as the issue of Sandiaga Uno, who provided political dowry in the 2019 presidential election. The allegation was started by the Deputy of General-secretary of the Party of Democrat, Andi Arief, who stated that Sandiaga Uno had provided 500 billion rupiahs to PAN and PKS respectively so that those two parties would support him to nominate as the Candidate of Vice President for Prabowo Subianto. Political dowry has been a serious issue and almost constantly becomes an interesting topic to be reported and studied in every general election. Although it is popular, the issue of political dowry is a case that is relatively difficult to prove its truth (court decisions). In fact, explicitly, political dowry has been regulated in Article 228 on Law Number 7 of 2017 concerning the General Election (Election Law). However, it does not expressly provide a deterrent effect to the political dowry actors. This reality becomes the basis of encouragement in conducting this research. The theory used in this research is legal politics and law enforcement. While the method used is normative legal research with a statutory, conceptual, and comparative approach. The output of this paper is that the handling of political dowry cases in the presidential election needs a serious concern. And then, the regulation on sanctions, which still be administrative in nature, against the actors of political dowry in the Election Law is considered to be inappropriate. So that criminal policy is needed to strengthen the law enforcement and strict legal instruments against criminal acts of political dowry in the future election (ius constituendum).","PeriodicalId":168397,"journal":{"name":"Jurnal Adhyasta Pemilu","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128460268","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Dinamika Penanganan Pelanggaran Administrasi","authors":"S. Supriyadi, Widyatmi Anandy","doi":"10.55108/jap.v3i2.15","DOIUrl":"https://doi.org/10.55108/jap.v3i2.15","url":null,"abstract":"Bawaslu is an institution that is given the authority to resolve election / election administration violations. The nature of Bawaslu's decisions and recommendations for administrative violations must be followed up by the KPU and its officials, this is confirmed in the provisions of Article 462 of Law No. the administration issued by Bawaslu is not obeyed by the institution implementing the decision / recommendation. Identification of problems: first, what is the nature of mandatory norms in the provisions of the Election / Pilkada Law? Related to follow-up on decisions / recommendations of Bawaslu Administrative Violations? Second, how is the Compliance with the Decision / Recommendation of Administrative Violation of Bawaslu? Third, what factors influence compliance with Bawaslu Administrative Violation Decisions / Recommendations? This research is a normative juridical study with a focus on analyzing decisions / recommendations for administrative violations of Bawaslu. in this study using a statutory approach, a case approach, and a conceptual approach. The data sources used are primary, secondary and tertiary data. The research results and conclusions. First, the \"mandatory\" norm in the construction of Article 462 of the Election Law and Article 139 paragraph (2) of the Election Law is imperative (order / force). Second, the KPU institutionally still has an attitude of indifference","PeriodicalId":168397,"journal":{"name":"Jurnal Adhyasta Pemilu","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129019336","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Potret LHKPN dan LPPDK dalam Pemilihan Gubernur dan Wakil Gubernur di Provinsi Jawa Barat dan Jawa Timur Tahun 2018 untuk Mewujudkan Pemilu Berintegritas","authors":"Nurlia Dian Paramita","doi":"10.55108/jap.v3i1.29","DOIUrl":"https://doi.org/10.55108/jap.v3i1.29","url":null,"abstract":"Report of State Official Assets (LHKPN) becomes one of the evidences for the amount of financial ownership owned by candidates for head and deputy regional head. This report is submitted as an effort to ensure data transparency and to prevent potential out-of-bounds money circulation during the campaign period. Law 10 of 2016 requires all participants in the head and deputy regional head elections to report the final financing results of activities in the campaign fund stage, namely Report of Receipt and Expenditure of Campaign Funds (LPPDK). Both report formats lead to the creation of elections with integrity. LHKPN does not have a standard assessment of the accuracy of assets owned by regional head candidates. The LPPDK as the final accountability report can only be reviewed from the results of the audit report announced by the KPU. Using a qualitative method, this paper is intended to explain the validity of the model as an instrumentation to create a fair election as well as to convey ideas about a more credible campaign funding reporting for the next local election.","PeriodicalId":168397,"journal":{"name":"Jurnal Adhyasta Pemilu","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114489252","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pilihan Sistem Pemilu Dan Potret Keterwakilan Perempuan","authors":"Mouliza K.D Sweinstani","doi":"10.55108/jap.v2i1.33","DOIUrl":"https://doi.org/10.55108/jap.v2i1.33","url":null,"abstract":"As a mechanism that turns voter preference into seats, the electoral system may have impact on women’s representation. Using qualitative methods through documentary study and analysis based on national vote recapitulation data, it is known that the simultaneous electoral system in Indonesia in 2019 provides a separate dilemma for women’s representation. Based on national recapitulation data, it is known that the potential of women elected in 2019 rose to 20.52 percent. However, this increase cannot be classified as a significant increase because elected women are still dominated by those from elite kinship. In addition, several elements of the electoral system such as the time of implementation, the district magnitude, the used of Pure Sainte Lague Formula and the stagnation of the affirmation policy make women have to work harder in the electoral districts to get as many votes as possible according to the laws of the Sainte Lague Pure formula. Therefore, this study suggests a commitment between political elements to be able to create a female- friendly electoral system so that the meaningful and substantive women representation can be achieved. In doing so, I recommend to consider the closed-PR List System and a voluntary gender quota within the party as the next electoral engineering.","PeriodicalId":168397,"journal":{"name":"Jurnal Adhyasta Pemilu","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123136787","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Persepsi Pemilih Milenial Dalam Pemilu Serentak 2019 di Provinsi Daerah Istimewa Yogyakarta","authors":"Moch. Edward Trias Pahlevi, Wildhan Khalyubi, M. Khatami","doi":"10.55108/jap.v2i2.11","DOIUrl":"https://doi.org/10.55108/jap.v2i2.11","url":null,"abstract":"The 2019 General Elections are legislative elections and presidential elections that are held simultaneously on the same day. This is done by the Constitutional Court Decision Number 14/PUU-X/2013 on the implementation of the elections, which aims for budget efficiency, influencing commitment to strengthen political parties in permanent coalition to strengthen their power base in state institutions, and also strengthen the presidential system. This research examines the issue of millennial voter generation in the 2019 simultaneous general election. This research use qualitative research methods. The findings of this research are: (1) Millennial generation in the Special Region of Yogyakarta said that most of them get electoral information through social media, (2) The underlying factor for millennial voters came to the polls, which was to realize the election as an important means for democracy, (3) Millennial voters said they have problems, namely confusion in determine their choice at the polling station due to the many candidates who are the effects of the simultaneous election of 5 ballots, (4) Millennial generation admit find the practice of money politics and regard money politics as a matter of course.","PeriodicalId":168397,"journal":{"name":"Jurnal Adhyasta Pemilu","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128466528","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Dilema Pengawasan Partisipatif: Ikatan Patrimonial dan Masyarakat yang Terkooptasi di Jawa Timur","authors":"Andy Ilman Hakim, Deydeandy L. Iztighfari","doi":"10.55108/jap.v2i2.28","DOIUrl":"https://doi.org/10.55108/jap.v2i2.28","url":null,"abstract":"The concept of participatory oversight focuses on people’s involvement in election monitoring. This means that the people are not only built on awareness to exercise their right to vote, but also to be actively involved in the entire election process. The implementation of participatory oversight has been running and implemented since the 2009 elections. However, there are still various problems, especially in East Java Province. The number of people in East Java who use voting rights is very high, but the data shows that East Java is the province with the highest of election violations and people’s involvement in reporting violations is very weak. This research uses a qualitative approach to analyze the problem of people’s involvement in election monitoring. The research findings show the three important aspects that cause low people’s involvement in the election monitoring process in East Java. First, there is no work innovation from Bawaslu at regional level. Second, patrimonial society. Third, found the practice of money politics and intimidation to the people by the political elite hurts society. The negative impact creates the problem of election monitoring by the public in East Java, as an impact of co-opted communities.","PeriodicalId":168397,"journal":{"name":"Jurnal Adhyasta Pemilu","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124716919","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}