从1945年《宪法》看《个人候选人安置与总统门槛取消》的合宪性中的公民权利和政治权利

Q3 Social Sciences
Ahmad Sabirin, Maya Indrasti Notoprayitno, Jihad Ramadhan, Raafid Haidar Herfian
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引用次数: 0

摘要

印度尼西亚将举行总统和副总统选举,但目前总统和副总统候选人的选举机制只允许通过政党提名,并且仍然使用总统门槛的规定。印度尼西亚是一个坚持民主制度的国家,这种制度当然坚决坚持人民主权的原则,保证其所有公民的权利,而且还应通过个别或独立的渠道提供总统提名机制。因此,阻止一些希望通过非政党渠道提名自己的公民的权利,表明民主原则没有得到适当的执行。基于这一背景,问题的提出,印尼总统选举中个人候选人的迁就和总统提名门槛的取消,以及作为民主国家如何从1945年宪法的角度来解决?使用的研究类型是司法规范研究,在设计印度尼西亚选举制度中总统和副总统候选人招募机制的格式时,必须遵循民主原则,这是基于1945年宪法的序言,这是印度尼西亚坚持人民主权原则的最高法律。为了在大选中很好地贯彻民主原则,印度尼西亚需要采用提供两扇门作为提名途径的“双门招聘机制”形式。在此基础上,有必要在总统选举中立即实施和实现通过政党和通过个人或独立渠道的双门提名机制,也有必要取消总统门槛,进行民主选举。以正义维护和平与繁荣。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Civil and Political Rights in Constitutionality of Accommodation of Individual Candidates and Elimination of Presidential Thresholds from the Perspective of the 1945 Constitution
Indonesia will hold presidential and vice-presidential elections, however, currently, the election mechanism for presidential and vice-presidential candidates only accommodated nominations through political parties and also still uses the provisions of the Presidential Threshold. Indonesia is a country that adheres to a democratic system which of course strongly adheres to the principle of people's sovereignty which guarantees the rights of all its citizens, and should also accommodate the mechanism of presidential nomination through individual or independent channels. Thus, blocking the rights of some citizens who wish to nominate themselves through non-political party channels, indicates that democratic principles have not been implemented properly. Based on this background, the formulation of the problem, how is the accommodation of individual candidates in the presidential election and the elimination of the presidential nomination threshold in Indonesia and the solution as a democratic country from the perspective of the 1945 Constitution? The type of research used is juridical-normative research, in designing the format of the mechanism for the recruitment of candidates for president and vice president in the electoral system in Indonesia, it must be by democratic principles, this is based on the preamble of the 1945 Constitution as the highest law in Indonesia that adheres to the principle of people's sovereignty. To implement democratic principles well in general elections, Indonesia needs to apply a two-door recruitment mechanism format, which is a format that provides two kinds of doors as a nomination pathway. Based on this, it is necessary to immediately implement and realize a two-door nomination mechanism, namely through political parties and also through individual or independent channels in the Presidential Election and it is also necessary to remove the Presidential Threshold to carry out democratic elections. and justice to maintain peace and prosperity.
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来源期刊
CiteScore
0.80
自引率
0.00%
发文量
55
期刊介绍: IJPLAP covers issues of public law and policy of international relevance. It includes thought-provoking contributions on how public international law obligations inform national approaches in a wide range of sectors, as well as on how the state''s experiences contribute to shaping and advancing the international agenda. IJPLAP features articles, editorials, notes, commentaries, analyses of jurisprudence and legislation and book reviews written by leading scholars and practitioners working in law and related fields, such as economics, philosophy and political science. Topics covered include: -Traditional issues of public international law (including treaty law, institutional law and dispute settlement)- Human rights- Foreign and security policy, migration- Trade and investment- Taxation- Financial regulation- Competition- Intellectual property- Environment, energy and food security- Digitalisation and data protection
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