Jurnal Etika dan Pemilu

Belajar dari Pilkada Terakhir Tahun 2020

Mohammad Saihu — 2021-06-30

Tahun 2020 menjadi tahun bersejarah bagi dunia kepemiluan, termasuk Indonesia. Pada 11 Maret 2020 World Health Organization (WHO), menetapkan corona virus disease 2019 (Covid-19) menjadi pandemi global, dan pada 13 April 2020, melalui Keputusan Presiden Nomor 12 Tahun 2020, Covid 19 ditetapkan sebagai bencana nasional non alam. Untuk mencegah dan mengendalikan penularannya, tidak ada pilihan bagi para pemimpin negaradi seluruh dunia. Pilkada tahun 2020 merupakan gelombang keempat atau gelombang terakhir sebelum Pilkada Serentak Nasional Tahun 2024 untuk memilih Calon Gubernur dan Wakil Gubernur, Calon Bupati dan Wakil Bupati/Walikota dan Wakil Walikota. Pilkada 2020 merupakan putaran periode pemilihan dari pilkada serentak tahun 2015 yang diikuti sebanyak 269 daerah. Sedangkan untuk Pilkada 2020 diikuti sebanyak 270 daerah, dengan rincian 9 Provinsi (Gubernur dan Wakil Gubernur), 37 Kota (Walikota dan Wakil Walikota) dan 224 Kabupaten (Bupati dan Wakil Bupati) atau sekitar 53 persen dari total 537 jumlah provinsi dan kabupaten/kota di Indonesia. Bertambahnya satu daerah yang menggenapakan 270 daerah yang ikut dalam pilkada tahun 2020 disebabkan oleh gagalnya pasangan calon tunggal mengalahkan kotak kosong pada pemilihan Walikota Makassar tahun 2018.

WELCOME TO THE INSTITUTION OF DIGNIFIED SIMULTANEOUS GENERAL AND LOCAL CHIEF EXECUTIVES ELECTION

Jeferson Kameo — 2021-06-30

This paper contained a persuation to consider institution of Dignified Simultaneous General and Local Chief Executives Election DSG&LCEE), to replace an idiosyncratic conception of "integrity” attached to the institution. The jargon "integrity" is only a minor concept of a Dignified Election Philosophy’s value system. A SGE&LCE is deemed to have “integrity” if all the formulations of the provisions in one particular law is obeyed in its black and white. Even though as it has become the elementary knowledge of jurists, the formulation of the provisions of any statutes or statutory instruments are not cecesarily always clear and complete, therefore the legal system would in the end has to be referred to. This is one of the axiom of the Dignified Justice system which is scientific and philosophical in nature. It provides the essentials of philosophy for SGE&LCE to climb the ladder from merely integrity to being ignified. To be in such a position SGE&LCE has to pass the juridical ontology, epistemology, and axiology in the Pancasila Legal System. In support of this argument, a legal researchmethods based on the theory of Dignified Justice is utilised to find, and analyze laws regulating aspects relating to the DSG&LCEE.

THE POTENTIAL ETHICAL VIOLATION IN THE PARALLEL ELECTION IN 2024

Moch. Nurhasim — 2021-06-30

The Parralell Election at 2024 in Indonesia is an electoral process whicsh is an electoral process that combines the statage of simultaneous election. Simultaneous election in a “wholesale” or five-box model with the concurrent general election in a number of provinces anda/city districts. The coincided stages can cause the orgonizer’s body election workload and procedural fatigue. The situation at the election which could have an impact on increasing cases of ethical rules. This potential can increase as a result of many factors, especially the managerial election by the organizer’s body. The potential for echical violations based on patterns and trends of ethical violation in previous years can come from ethical violation during the election stage or non-election stages. This article is focused on discussing the potential etchical violatios might occur in the 2024 Parrallel Elect ions in Indonesia.

THE ISSUES OF POSTPONEMENT OF THE REGIONAL ELECTION IN 2024 OF THE NATIONAL SIMULAR ELECTIONS

Ni’matul Huda — 2021-06-30

The interesting issues are examined in this article. First, the problem of postponing the regional election in 2024 for 271 regions which will end in 2022 and 2023. Second, the juridical concept of delaying the filling of local leaders positions in 2024. The study in this paper is normative with a statutory approach. The results of the analysis of these problems can be concluded: First, the postponement of the regional election from 2022 and 2023 to 2024 will result in vacancies for regional heads in 271 regions. In addition, the appointment of duty officer who will lead for one to two years creates uncertainty for democracy in the regions, and violates the principle of regional autonomy. Second, the postponement of filling the positions of local leader to be synchronized in 2024 must be based on a strong legal basis in the form of a Goverment Regulation in lie of law or revision of the regional election of
law.

THE STRENTHENING OF GENERAL ELECTION INSTITUTION: NORMATIVE JURIDICAL ANALYS

Radian Syam — 2021-06-30

The strengthening towards the implementation of General Election supervision has been carried out through various amendments starting form Law No. 12 of the Year 2003, Law No. 22 of the year 2007, Law No. 15 of the Year 2011, up to Law UU No. 7 of the Year 2017 which constitutes he newest Law regarding General Election. The course of and the amendments to the laws aforesaid in the context of implementation and institutionalization of General Election supervision demonstrate changes in the position of the General Election supervision institution, which is increasingly strengthened, both from the institutional aspect and from its duties and authorities. However, the tendency of General Election violations almost always increases from one General Election to another. This matter causes General Election as the means of people’s sovereignty to be faced with a problem which simultaneously becomes challenges for the General Election supervision institution to present fair and equitable General Election, therefore, people’s sovereignty through the General Election process can be implemented. This research has the objective of analyzing the concept of General Election supervision based on the currently prevailing positive law in Indonesia. The type of this research is normative juridical. The data being used are secondary data in the form of primary, secondary, and tertiary legal sources. This research concludes that the General Election supervisory institution must continue to be strengthened considering the progressively complex
challenges and obstacles and the increasing tendency of violations. In this case, the researcher offers the concept of strengthening the General Election supervision through a clear and explicit stipulation in Article 22E of the Constitution of the State of the Republic of Indonesia of the Year 1945 by inserting a phrase stipulating the General Election supervisor which is separated from the onvening of the General Election, therefore, the concept of supervision over people’s sovereignty in the general election which is carried out by the General Election supervisory institution will be preponderant and will have coercive force in the decision since here is a separation between the General Election organizer and supervisor.

REFLECTIONS ON THE 2019 RE-ELECTION FOR THE PRESIDENT AND VICE-PRESIDENT ELECTION IN MAKASSAR CITY FOR THE DIGNIFIED ELECTION ELECTION

Gustiana Kambo — 2021-06-30

This paper is to describe the decline in voter participation in the implementation of the re-voting in the city Makssar in the 2019 Presidential and Vice-Presidential election, including the effors made by the Makassar General Election Commission to increase the level of participation in the re-voting. The method used is description qualitatative, understanding the fenomena experienced by research subjects, such as perceptions, feelings and actions, data collection is done by triangulation (combined), data analysis is inductive, and the results of qualitative research emphasize the meaning more than generalization. The results showed that the was a decrease in the number of the voter turnout re-election because voters thought that the result would not change the vote acquisition either, even though the General Election Commission had made effors to increase voters participation, it had no impact on voter’s awareness to participation in the election.