Democracy Establishment on Regional Head Election Observed from the Constitutional Law Perspective in Indonesia
Abstract
The amendment of the 1945 Constitution had opened space for democratic realization process at local level. In Article 18 paragraph (4) mentioned that governors, regents and mayors respectively as the heads of provincial, regency and municipal elected democratically. The local elections were carried out simultaneously by the people show democratic electoral system embodiment. To analyze the phenomena, this study uses a qualitative method, which the data source derived from primary and secondary data. Primary data is data obtained from observations in field, while secondary data obtained from literature or news about the regional head elections. The results showed that in a democratic election, a guarantee of freedom is an absolute and normative requirement. However the normative requirements sometimes ignored either by contestants or supporters. Therefore, the presence of the Constitutional Court is very important for democracy and constitutionality of local elections. In the local elections, the Constitutional Court has the authority to resolve the election results dispute. Although the existence of the Constitutional Court is important, but to resolve the dispute over local elections, researchers assume about the necessary establishment judicial elections at any stage or process level.Downloads
References
Alihar, F. (2012). Disparitas Regional dan Konflik Pilkada Aceh 2012. Jurnal Penelitian Politik, 9(2), 23-34. Beetham, D. (1993). Liberal Democracy and the Limits Democratization. In David Held (ed). Prospects for Democracy; North, South, East, West. Stanford: Stanford University Press. Dahl, R. A. (1978). Modern Political Analysis. New Delhi: Prentice Hall of India. Demetriou, C. (2009). The Realist Approach to Explanatory Mechanisms in Social Science: More than a heuristic? Philosophy of the Social Science, 39, 440-464. Diamond, L., Juan L. & Seymour M. L. (1990). Political and developing Countries: Comparing Experience with Democracy. Boulder, Colorado: Lynne Rienner. Fattah, A. (2008). Konflik Pasca Pilkada: Kasus Depok. Jurnal Poelitik, 1(1), 1-18. Goodwin-Gill, G. S. (1999). Election Jurdil: Experience and International Standard (Free and Fair Election: International Standards and Practices). Translation by Nurhasan. Jakarta: PIRAC cooperation with The Asia Foundation. Hakim, M. Z. (2011). Democracy in the elections in Indonesia. UNM Humanist Journal, 12(2), 1-12. Hardiman, F. B. (2009). Deliberative Democracy. Yogyakarta: Canisius. Lay, C. (2007). Direct elections and Deepening Democracy. Journal of Social and Political Science, 11(1), 63-92. Mayo, H. B. (1960). An Introduction to Democratic Theory. New York: Oxford University Press. Nas, J. (2015). Konflik Elite di Sulawesi Selatan: Analisis Pemerintahan dan Politik Lokal. Makassar: Lembaga Penerbitan Unhas. Prihatmoko, J. J. (2005). Pemilihan Kepala Daerah Langsung. Yogyakarta. Pustaka Pelajar. Sartori, G. (1987). The Theory of Democracy Revisited. Chatham, NJ: Chatham House Publishers. Strong, C. F. (1973). Modern Political Constitution. London: London: Sidwick & Jackson. Tilly, C. (2000). Processes and Mechanisms of Democratization. Sociological Theory, 18(1). Published by: American Sociological Association.
Tjiptabudy, J. (2014). Reorganizing the Election and Election Law Enforcement. Faculty of Law, University of Pattimura. Winarno. (2007). New Paradigm for Civic Education. Jakarta: PT. Earth Literacy. Website Evolution of Regional Head Election System in Indonesia. Source: http://politik.news.viva.co.id/news/read/542375-evolusi-sistem-pemilihan-kepala-daerah-di-indonesia [Accessed: January 30, 2016]. http://www.kompasiana.com/rizahakiki/tanggapan-terhadap-ide-peradilan-khusus-pemilu_551fbb90a333119941b65b64 [Accessed on February 13, 2016]
Copyright (c) 2016 Journal of Social and Development Sciences
This work is licensed under a Creative Commons Attribution 4.0 International License.
Author (s) should affirm that the material has not been published previously. It has not been submitted and it is not under consideration by any other journal. At the same time author (s) need to execute a publication permission agreement to assume the responsibility of the submitted content and any omissions and errors therein. After submission of a revised paper, the editorial team edits and formats manuscripts to bring uniformity and standardization in published material.
This work will be licensed under Creative Commons Attribution 4.0 International (CC BY 4.0) and under condition of the license, users are free to read, copy, remix, transform, redistribute, download, print, search or link to the full texts of articles and even build upon their work as long as they credit the author for the original work. Moreover, as per journal policy author (s) hold and retain copyrights without any restrictions.