88 J.L. Pol'y & Globalization 1 (2019)

handle is hein.journals/jawpglob88 and id is 1 raw text is: 



ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) DOI: 10.7176/JLPG                                       X
Vol.88, 2019                                                                                        ,STE

      Presidential Election and Vice President of the Republic of

           Indonesia Based on Pancasila Democratic Principles

                                             Yusuf Mustafa
           Student of Law Doctoral Program, Faculty of Law, Universitas 17 Agustus 1945 Surabaya

                                              Made Warka
          Lecturer of Law Doctoral Program, Faculty of Law, Universitas 17 Agustus 1945 Surabaya

                                                 Hufron
          Lecturer of Law Doctoral Program, Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Abstract
Pancasila (the Indonesian five tenets) as the ultimate of All the Sources of Laws in Indonesia is actually the basis
for the formation of legislation regarding the Election of the President and Vice President. The precepts of
Pancasila that is relevant to the system of the President and Vice President is the fourth tenets. Practically, the
system for filling in the positions of the President and Vice President must be carried out in accordance with the
values contained in the fourth principle of the Pancasila. The implementation is based on a combination of the
system of citizen sovereignty (democracy) and the fourth tenets of Pancasila, so that the combined system of the
two (citizen sovereignty and fourth principle) gives birth to the Pancasila Democracy system.It is important to
analyze and find the system for selecting the President and Vice President of the Republic of Indonesia based on
the principles of Pancasila Democracy.This research is normative research which focuses on the level of
harmonization or system related to the President and Vice President of the Republic of Indonesia directly by the
people based on popular principles led by the wisdom of decisions in consultations (Pancasila democracy). From
the results of the discussion and analysis, conclusions are obtained as answers to the problems proposed as
follows: (1) Philosophically that the essence of the meaning of People led by wisdom in consultation /
representation is democracy, namely the government of the people, by the people, and for the people, based on
the principle: (a) Consultation, which is to make a unanimous decision, carried out jointly through the road of
wisdom; (b) Carry out decisions based on honesty. Decisions are unanimous so that they bring consequences to
mutual honesty. (c) Population principles, namely a sense of love for the people, fighting for people's ideals, and
having a people's spirit. The fourth Sila Meaning of Pancasila is a democratic-representative system led by
people who are professional and have integrity through a system of deliberation to reach consensus to get the
best results from a round of political decisions. (2) The system of electing the President and Vice President of the
Republic of Indonesia in accordance with popular principles led by wisdom of wisdom in deliberation /
representation is a model of the election of representative democracy with a system of deliberation to reach
consensus. Whereas the direct democratic system is only implemented to elect representatives who will occupy
positions as representative bodies to carry out deliberations for consensus in the election of the President and
Vice President of the Republic of Indonesia.
Keywords: direct election, democracy, Pancasila, Indonesian election
DOI: 10.7176/JLPG/88-01
Publication date: August 31st 2019

Prelude
Indonesia has a state-of-the-line constitutional system. That commitment can be seen in the dynamics of the
change of 1945 Constitution of the Republic of Indonesia (UUD 1945). Four times the amendment of the 1945
Constitution does not alter the provisions of article 1 paragraph (1) 1945 Constitution stating, The state of
Indonesia is a unitary state in the form of Republic.
     The word Republic indicates a system of charging power is not carried out in a hereditary state as
applicable in the monarchy. Duguit in Moh. Kusnardi and Harmaily Ibrahim said that, distinguishing between
the Republic and the monarchy was the mechanism of head of State lifted. When the head of state is appointed
by inheritance or hereditary rights, the form of government is called Monarkhi and the executor is called King.
Whereas, if the head of State was elected through a elections for a particular term, then The country's system is
called the Republic and its head.
     In fact, the Republican system cannot be released from the democratic system which is the basis for the
implementation of the elections in the charging of the office and/or Vice president. Before the amendment, the
sovereignty of the people's implementation was at the hands of the People's Consultative Assembly (MPR). Then
on the third amendment there is a change in article 1 paragraph (2) indicating there has been a shift from the
Supremacy of Parliament to the Supremacy of the Constitution. Article 1 paragraph (2) 1945 Constitution states,


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