Concurrent local elections to be held in December 2015, characterized by the dynamics of democracy and new political dynamics. Dynamics it is the birth of a single candidate in several areas that will carry out the election. It is on the one hand shows that the dynamics of democracy in the country increasingly show progress and our society is increasingly “literacy” and political savvy, but on the other hand it raises a new problem, namely whether the elections will be postponed or published decree. This happens because the legislators did not expect the birth of a single candidate. This fact shows that the lawmakers have not been able to make laws that meet the philosophical and sociological aspects of that legislation was well received presence in the midst of society without conflict and live longer. Because it is common to occur in Indonesia legislation only whole corn.Issues to be addressed in this study is what legal remedies in the face of a single candidate and how the legal steps to prevent the birth of a single candidate in the elections. This study is a normative legal research, using qualitative juridical analysis. The result showed that the legal solutions that can be done to deal with a single candidate is to 1). Exposes a single candidate with an empty tube, 2). Delay the election until the election outright in 2017. 3). Published the decree. While the legal steps that can be taken to prevent the birth of a single candidate is 1. Revise election laws, by adding specific chapter or article concerning a single candidate, 2. Increasing political education for the public and political party cadres and prepare the mature cadre in the party’s internal.
Regional election which was held on 2018 has some uniqueness. First, there were many single candidates who compete with empty ballot. Second, there were single candidates in several regions. Third, empty ballot won over single candidates. The last phenomenon is the most interesting to the public because in 2015 and 2017 regional election, all single candidates were won. In 2018, of the 16 regions that hold the election with a single candidate, there was one region whose sole candidate defeated by empty ballot which was candidate for city mayor election in Makassar. Therefore, this research analyzed several problems which are: (1) why single candidates failed in 2018 regional election against the empty ballot?(2) what kind of legal actions that can be taken to avoid the existence of a single candidate in the administration of the elections? To address those questions, the authors used empirical legal method which carried out by collecting data related to 2018 simultaneous regional election, especially data related to the single candidates. Next, the author analyzed the legal frameworks of Indonesia regional election. Based on the results of the research, it is concluded that: (1) political party does not always represent the voice of the people; (2) political party mechanism did not work properly. Some legal actions that can be taken to prevent the emergence of single candidates in regional election are first, lowering the vote support requirements of political parties or a combination of political parties to at least 10% of the total DPRD seats or 15% of the accumulated legal vote in the DPRD members in the region. Second, giving an opportunity to the leaders of political parties in the region to choose and determine the best candidates who will lead the region. Third, revising the requirements for individual candidate in order to gain more individual candidates.
Pandemi COVID-19 mengakibatkan penyesuaian pola persidangan yang dilaksanakan secara online sehingga menimbulkan pro dan kontra karena persidangan online belum diatur di dalam KUHAP. Hal yang paling krusial adalah terkait pembuktian untuk menemukan kebenaran materiil melalui alat-alat bukti yang diajukan di persidangan. Isu yang dibahas dalam dalam penelitian ini adalah bagaimana praktik pembuktian pidana pada persidangan online di masa pandemic COVID-19 di wilayah hukum Prabumulih serta bagaimana kekuatan pembuktiannya. Jenis penelitian tesis ini bersifat empiris dengan pendekatan yuridis empiris melalui pendekatan perundang-undangan dan pendekatan kasus.Dari penelitian diperoleh kesimpulan bahwa praktik pembuktian dalam persidangan online adalah pemeriksaan Saksi dan Ahli dilakukan secara online melalui kantor penutut umum. Keterangan terdakwa didengarkan dari tempat ia ditahan. Alat bukti surat diserahkan oleh penuntut umum kepada hakim sebelum dibacakan secara online. Legalitas dan kekuatan alat bukti tersebut sama dengan yang diajukan pada sidang yang dilakukan secara offline karena diajukan ke persidangan secara sah oleh Penuntut Umum dengan memenuhi syarat alat bukti yang ditentukan dalam KUHAP.
MK decision to hand back an arbitrary in deciding disputed local election to the MA polemical and disagreement among legal experts. There are those who argue that it was the right decision, and there are also those who argue that the MK decision is wrong. Whatever the views of different opinions, the MK has concluded that it has binding (inkracht) and inviolable. The problem now is how best to anticipate the solution of other legal issues that arise as a result of the MK decision. Thus, in this study the formulation of the issues raised is how the legal effect of the decision of the Constitutional MK No. 1-2/PUU-XII/2014 in the general election in Indonesia. The research method of this law is normative, primary legal materials are UUD NRI of 1945, Act No. 12 of 2008 on Regional Government, Act No. 8 of 2011 on the MK. The approach used in this study is the approach to statutory interpretation and approach. From the research it can be concluded that the MK decision to restore the authority to decide election disputes to the Supreme MA is right, because the local elections are local government regime (local elections). As a result of the decision, the government should establish a local election management bodies on a par with the Commission which may be called the local election commission (KPKD) but only institution based in the provincial and district/city, for an arbitrary level of appeal submitted to the MA.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.