Jurnal Mengkaji Indonesia

Political Patronage and Bureaucracy: Studies in Nigeria and Indonesia

2023-12-27T15:40:08+07:00

Abstract: The realization of effective governance in any nation hinges on the provision of ample services for its citizens. Responsible for the efficient delivery of these services is the executive arm of government, overseen by the civil service. The ideal functioning of the civil service necessitates the appointment of highly intelligent and qualified personnel recruited through a merit-based system. Regrettably, in both the Ebonyi state civil service and Indonesia, the actual experience deviates significantly from this esteemed ideal.

Purpose: The primary objective of this investigation is to evaluate the correlation between political patronage and inefficiency in the delivery of public services within Ebonyi State. Additionally, the study seeks to identify and analyze instances of bureaucratic patronage in Indonesia.

Design/Methodology/Approach: The research employed a survey research methodology to gather data. The study drew information from both primary sources, collected directly from the surveyed subjects, and secondary sources, which encompassed existing data and literature relevant to the research topic.

Findings: The findings of the study unveiled that the inefficiencies observed in the service delivery of the Ebonyi State Civil Service are directly linked to the practice of political patronage. Likewise, the investigation established that selective promotion and recruitment practices within the Ebonyi state civil service are directly influenced by political patrons. Additionally, the study identified that the influence of godfathers within the service framework contributes significantly to maintaining high discipline among civil servants in Ebonyi state. In the context of Indonesia, the research illuminated that patronage by bureaucrats is prevalent. Despite the expectation of bureaucratic neutrality in enforcing regulations, the study acknowledged that the relationship between politicians and bureaucrats is inseparable, leading to political exchanges aimed at securing benefits.

Originality/value: This research represents a unique contribution to the existing body of knowledge as it pioneers a comparative analysis of political patronage and bureaucracy in Nigeria and Indonesia. The novelty of this study lies in its exploration of similarities and differences in the manifestation and impact of political patronage within the bureaucratic frameworks of both nations, providing valuable insights into cross-cultural dynamics in public administration.

Party Institutional Perspectives on Open Proportional System Flaws

2024-01-09T22:15:44+07:00

Abstract: Concerns emerge from the potential implementation of an open proportional system, where parliamentary candidates may wield more influence than the political parties endorsing them. This situation undoubtedly poses a risk of undermining the institutional strength of political parties.

Purpose: The primary objective of this paper is to examine and compare the implementation of general elections, focusing on the election mechanisms employed in both open and closed proportional systems.

Design/Methodology/Approach: The methodology employed in this paper is a legal research method, specifically the normative legal research type. The approach adopted includes both a statute approach and a conceptual approach. The legal materials utilized encompass primary and secondary legal sources.

Findings: The study findings indicate that the use of general elections with an open proportional system is incongruent with the mission and vision of political parties. In this system, the priority is often placed on candidates' popularity rather than their adherence to party ideology, political experience, and organizational skills. Consequently, candidates exert a disproportionate influence on the party's direction, diminishing the party's role as a robust institution. Therefore, the reinstatement of a closed proportional system in Indonesia is deemed essential. This system ensures that elected candidates align with the party's ideology, reinforcing the party's institutional strength. In advocating for a closed proportional system, the study underscores its cost-effectiveness. This system minimizes the likelihood of candidates engaging in fraudulent activities, as financial incentives to election organizers are reduced. Furthermore, the study emphasizes the importance of voters being well-informed about a political party's proposed path of progress to make informed decisions during elections.

Originality/value: There has been no prior research examining the open proportional system from the perspective of political party institutions. This study is considered pioneering as researchers advocate for the adoption of a closed proportional system to fortify political party institutions, emphasizing the perceived degradation of these institutions. The argument presented suggests that the strength of political parties has diminished, with individual candidates wielding more influence. In contrast to the prevailing trend, the researchers endorse a closed proportional system, positing that the strength of political parties should be the determining factor rather than relying on the strength of individual candidates.

Analyzing Roles and Conflicts of Triumvirate Ministers in Filling Presidential Vacancies in Indonesia

2024-03-09T09:01:46+07:00

Abstract: This article examines the constitutional position and legal resolution of disputes surrounding the Triumvirate Minister in Indonesia. The Triumvirate Minister, comprising the Ministers of Foreign Affairs, Home Affairs, and Defence, serves as a temporary substitute for the President and Vice President in case of vacancies. However, ambiguity exists regarding their authority and coordination.

Purpose: This study aims to clarify the constitutional position of the Triumvirate Minister and propose legal resolutions for disputes among them. It seeks to address ambiguities in regulations and ensure effective governance in Indonesia's presidential system.

Design/Methodology/Approach: The research is a normative juridical approach, analyzing constitutional provisions, laws, and regulations concerning the Triumvirate Minister. Secondary data from legal literature and documents are collected through library research, followed by qualitative analysis to interpret the legal framework.

Findings: The Triumvirate Minister plays a crucial role as a temporary presidential substitute but lacks clear regulations defining their authority and coordination. Ambiguities may lead to disputes, necessitating resolution by the Constitutional Court to ensure effective governance and adherence to the Constitution.

Originality/value: This study contributes to understanding the Triumvirate Minister's constitutional role and the legal framework surrounding their authority and coordination. It highlights the importance of clear regulations to prevent conflicts and maintain governance stability in Indonesia's presidential system.

Analyzing Motor Vehicle Restriction Policies: A Comparative Study of Indonesia and Japan

2024-02-02T17:16:14+07:00

Abstract: The rapid increase in motorized vehicles in developing countries, particularly in Asia and Latin America, poses significant challenges, including congestion, pollution, and road accidents. In Indonesia, the high growth rate of motorized vehicles, especially in Jakarta, exacerbates these issues, prompting the implementation of policies such as odd-even restrictions. In contrast, Japan has adopted a comprehensive approach with strict regulations on vehicle ownership, high taxes, and expensive parking fees.

Purpose: This research aims to conduct a comparative analysis of motor vehicle restriction policies in Japan and Indonesia. By examining the policy formulation process, the study seeks to identify the determinants, key actors, and impacts of these policies. The purpose is to provide insights into how different factors influence government actions in responding to the challenges posed by the growing ownership of motorized vehicles.

Design/Methodology/Approach: The research employs a comparative public policy approach, systematically analyzing political processes in both countries. The study focuses on the stages of policy formulation, specifically from agenda setting to policy evaluation. Through this conceptual framework, the research identifies external and internal factors, goals, and key actors shaping online transportation policies in Japan and Indonesia.

Findings: In Japan, the central government, through the Ministry of Land, Infrastructure and Transport, implements strict regulations on vehicle ownership, including high taxes, mandatory testing, and expensive parking fees. This centralized approach effectively controls private vehicle ownership. In Indonesia, the DKI Jakarta Provincial Government's odd-even policy faces criticism for being partial and lacking preventive measures, resulting in potential violations and congestion shifts. The lack of synchronization between central and local governments also hampers policy effectiveness.

Originality/value: This research contributes to understanding the effectiveness of motor vehicle restriction policies by comparing the approaches taken in Japan and Indonesia. The findings provide valuable insights for policymakers, highlighting the importance of a holistic and preventive approach involving both upstream and downstream measures to address challenges related to massive vehicle ownership.

Understanding Indonesia's Presidential Threshold: A Study on Political Rights

2024-03-09T09:40:57+07:00

Abstract: The implementation of the Presidential Threshold in Indonesia's electoral system has significant implications for the nomination process of Presidential and Vice Presidential candidates, impacting political rights and democratic principles. From the experience of Ukraine, where threshold regulations have played a crucial role in shaping the political landscape and ensuring the representation of diverse voices, it is evident that the design and application of such thresholds can have far-reaching consequences on the inclusivity and fairness of electoral processes. By examining the parallels and contrasts between the Indonesian and Ukrainian contexts, valuable insights can be gained into the challenges and opportunities associated with threshold requirements in safeguarding political rights and upholding democratic values.

Purpose: This study aims to analyze the setting of the Presidential Threshold in Indonesia, examining its alignment with political rights. It explores the legal framework, historical context, and impact of the Presidential Threshold on the democratic process in Indonesia. By incorporating insights from Ukraine's experience with threshold regulations in electoral processes, the study seeks to draw parallels and contrasts that shed light on the implications for political rights and democratic governance. Understanding how Ukraine has navigated the challenges of setting thresholds to balance legitimacy and inclusivity can provide valuable lessons for Indonesia in enhancing its electoral system and upholding democratic principles.

Design/Methodology/Approach: The article employs a normative juridical method, utilizing legal research techniques to analyze relevant laws, constitutional provisions, and court decisions. It also incorporates case approaches, such as the Conceptual Approach and the Statute Approach, to provide a comprehensive understanding of the topic.

Findings: The analysis reveals that the Presidential Threshold, as outlined in Article 222 of Law No. 7/2017, establishes a minimum percentage requirement for Presidential and Vice Presidential candidates to be nominated. This threshold has evolved, influencing the electoral landscape and political dynamics in Indonesia. However, concerns are raised regarding its potential contradiction with constitutional principles, particularly concerning political rights and equality in the electoral process. The experience of Ukraine underscores the importance of threshold regulations in strengthening the legitimacy and stability of democratically elected governance while emphasizing the need to preserve political pluralism and inclusivity.

Originality/value: This research contributes to the discourse on electoral reform and democratic governance in Indonesia by critically examining the Presidential Threshold. By shedding light on the legal and political dynamics surrounding this threshold, the study provides insights into the challenges and opportunities for enhancing political rights and democratic practices in the Indonesian context.

Pancasila Democracy and the Implementation of an Open Proportional Electoral System

2024-02-21T09:25:52+07:00

Abstract: This research focuses on the constitution-based election system. Theoretically, there are two general election systems: the district and proportional. Proportional systems aim to reflect the statistical portrait of the population in the representation body, while the district system adheres to the 'one man one vote' principle. The open proportional electoral system, mandated by Constitutional Court Decision No. 22-24/PUU-VI/2008, aims to provide voters with a direct and open choice in selecting legislative candidates.

Purpose: This article endeavors to scrutinize the congruence between the implementation of the open proportional electoral system and the essence of Pancasila democracy, the fundamental principle underpinning Indonesia's legal and political framework.

Design/Methodology/Approach: This legal inquiry employs a normative approach, analyzing secondary data and legal principles to investigate the implementation of the open proportional electoral system and its compatibility with the tenets of Pancasila democracy.

Findings: The open proportional electoral system, as mandated by Constitutional Court Decision No. 22-24/PUU-VI/2008, underscores the active involvement of citizens in the selection of legislative representatives. This system establishes a more direct and accountable linkage between voters and their elected representatives, thereby aligning with the foundational principles of Pancasila democracy.

Originality/value: This research underscores the significance of examining the correlation between the proportional electoral system and the essence of Pancasila democracy. It posits a compelling argument in favor of aligning the electoral system with the principles of democratic representation and citizen participation in the Indonesian context.

Noken Voting System in the Yahukimo Regency Election, Papua: An Analyzes

2024-03-21T14:04:20+07:00

Abstract: The utilization of the noken voting system in general elections within Yahukimo Regency, Papua Province, is deeply rooted in Papuan cultural traditions, specifically employing bags made from orchid fiber. However, its incorporation into the electoral process has raised concerns regarding its compatibility with democratic principles and constitutional legality.

Purpose: This study aims to examine the constitutionality of the noken voting system in Yahukimo Regency, Papua, particularly focusing on its adherence to democratic principles and the secrecy of votes.

Design/Methodology/Approach: a normative legal research approach, this study analyzes primary and secondary legal sources to evaluate the legal framework surrounding the noken system. The examination delves into its alignment with constitutional principles and electoral laws.

Findings: The noken system, while significant culturally, poses challenges to the secrecy principle crucial to democratic elections. Its open display of votes contradicts constitutional mandates for free, fair, and secret elections. Despite Constitutional Court validation, concerns persist regarding its compatibility with democratic norms and constitutional standards.

Originality/value: This research contributes to the discourse on the intersection of cultural heritage and democratic principles, particularly in the context of electoral processes. It underscores the necessity for legal enhancements to ensure the harmonization of the noken system with democratic and constitutional imperatives.