Indonesian Democracy: Peoples Party or Humanitarian Tragedy?
Muhammad Zulhidayat (a*), Auliya Khasanofa (b)
Muhammadiyah University of Tangerang
Abstract
Democracy and Implementation of general elections (elections) are two sides of a coin that are closely related. In 2019, a new history began in the General Election, along with the Indonesian Constitutional Court Ruling number 14 / PUU-XI / 2013 in the case of testing Law Number 42 of 2008 concerning General Elections stating that the Election of Members of the House of Representatives (DPR), Regional Representative Board (DPD) and Regional House of Representatives (DPRD), and the election of the President and Vice-President (Pilpres) must be held simultaneously, not separate as practiced so far. However, after the simultaneous elections were held, many casualties from the Voting Group Organizers (KPPS), Election Supervisory Committee (Panwaslu), and members of the Indonesian Police. Based on temporary data from Ministry, the number of election organizers who died amounted to 527 people and the number of victims was 11.239 people. This is an irony fact, elections which should be a place to determine political rights for the people, actually cause many casualties. The problems in this paper is, How is the legal construction of simultaneous elections in 2019 in Indonesia linked with the norms in the Indonesia Contitution in 1945 ? The method used in this paper is normative juridical with a descriptive analysis approach. The results expected in this paper is that simultaneous elections of 2019 need to be reevaluated. For this reason, we hope the government and House of Representatives (DPR) to immediately formulate a special regulation on simultaneous elections, with the aim of creating legal certanty. This can be done by judicial review or in a higher direction, like the fifth amandement to the Indonesian contitution in 1945.
Keywords: Democracy, Simultaneous Elections, Indonesian Constitutional Court Ruling
Topic: Constitutional Law