Legal Review of Individual Candidate in Direct Elections
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Journal of Law, Policy and Globalization www.niiskeO
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) I
Vol.61, 2017 HISTE
Legal Review of Individual Candidate in Direct Elections
Kelik Endro Suryono Hartanto
Faculty of Law Universitas Widya Mataram Yogyakarta,
Ndalem Mangkubumen KT III No 237 Kota Yogyakarta, Indonesia
Abstract
One element of the absolute existence of a state is sovereign, in which Indonesia adheres to the sovereignty of
the people is reflected in direct democracy one of which is the Election of Regional Head and Deputy Regional
Head. Decision of the Constitutional Court Number 5/PUU-V/2007 opens the widest possible opportunity for
prospective individual candidate to go forward as a candidate for the head area. Law Number 8 of 2015 is the
replacement of Law Number 1 of 2015 and Law Number 1 of 2014 on the Election of Regional Head and
Deputy Head of Region where the participating proposed by a political party, coalition of political parties, or
individuals who registered or register at the General Election Commission (Komisi Pemilihan Umum or KPU).
In addition to the study of law governing local elections, this study also presented some obstacles for
independent candidates in local elections. Where, researchers used a normative law research methods with the
approach of legislation (statue aproach). Legal materials collected through the inventory and identification
procedures of legislation and classification and systematization of legal materials suitable research problems.
Keywords: Election, Residents, Democracy, Constitution, Law, candidate
1. INTRODUCTION
One element of the absolute existence of a state is sovereign, in which Indonesia adheres to the sovereignty of
the people. Popular sovereignty is manifested in the general will is the will of all the people together as one
nation that leads to a common interest or public interest. Thus, the Act should reflect the public interest is
determined directly by the people in a meeting (direct democracy). One characteristic of a democratic
constitutional state is a general election to elect a leader directly. There are several types of elections, the general
election of President and Vice President, Legislative Elections, and Election of Regional Head. Earlier, the
Regional Head and Deputy Head of Region elected by the Regional Representatives Council (DPRD). Election
of Regional Head and Deputy Head of Direct or often called elections Direct is a democratic mechanism in the
context of recruitment of leaders in the region, where the population as a whole have the right and freedom to
choose the candidates they support [6]. Based on Law Number 32 of 2004, participants of the elections are a
couple of candidates proposed by political parties or coalition of political parties.
Furthermore, the letentuan amended by Law Number 12 of 2008 which states that the elections can also
be derived from pairs of independent candidates backed by a number of people. Arrangements regarding the
election of Regional Head also reinforced by the Government Regulation in Lieu of Law Number 1 of 2014
which was converted into Law Number of 2015. Law Number 1 of 2015 relating to the elections of Governors,
Regents and Mayors changed again with Law Number 8 of 2015 - The new system of independent candidacy in
these elections open a democratic space that spawned local currents healthy competition as an effort to find a
qualified leader figure, in order to meet the region amid global flows.
The phenomenon of independent candidates can not be detached from the realities of the political party,
which continues to make the public lose confidence. Pros and cons of independent candidacy appears on this
phenomenon. Some argue that the phenomenon can impact deparpolisasi adverse political party. Others actually
welcomed the independent candidate in this election because it will expand the democratic space. The
emergence of independent candidates are also considered to be an excellent reflection of the political parties to
seriously carry out its functions, especially regeneration to appear with the prospective head region of credible
and competent so that the govermment filled by leaders who are able and willing to provide services and policies
that suit the needs of the real society.
2. LITERATUR REVIEW
2.1 Election of Regional Head and Deputy Regional Head (Election)
Election of Regional Head and Deputy Regional Head (elections) is a very important instrument in the regional
administration based on the principles of democracy in the region, because this is a manifestation that the people
as sovereign determine the policy of the state. This connotes that the ultimate power to govern the State is on the
people. Through elections, people can choose who is the leader and his deputy in the process of channeling
aspirations, which in turn determine the future direction of a countr. [1]
According to Article 1 paragraph (1) of Law Number 8 of 2015 concerning the elections, hereinafter
referred to as Election is the implementation of the sovereignty of the people in the province and district/city to
elect the Governor and the Deputy Governor, the Regent and Vice Regent, as well as the Mayor and Deputy
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Legal Review of Individual Candidate in Direct Elections
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