Jurnal Mengkaji Indonesia

Indonesia's Presidential Threshold: An Analysis of Legal and Political Dynamics

2023-08-23T06:34:14+07:00

Abstract: The presidential threshold is the nomination requirement employed by political parties to select the President and Vice President. In Indonesia, the regulation governing the presidential threshold is outlined in Article 222 of Law No. 7/2017 on General Elections. This article stipulates that candidate pairs must be proposed by political parties or a coalition of political parties participating in the elections, provided they meet the criteria of obtaining at least 20% of the total seats in the DPR (The House of Representatives of the Republic of Indonesia) or obtaining 25% of the national valid votes in the previous DPR elections

Purpose: This study aims to determine the political dynamics of threshold presidential regulation law in Indonesia.

Design/Methodology/Approach: The type used in this research is normative legal research, and uses several approaches, namely the statute approach, conceptual approach, and historical approach.

Findings: In principle, the regulation of the presidential threshold is an open legal policy or open legal policy of the legislator, but its application in Indonesia, the presidential threshold has shortcomings because first, it makes legislative elections a prerequisite for the presidential election, and second, the legislative elections that are used as requirements have occurred in the previous election period, which in terms of political configuration is certainly different from the elections that will take place or are taking place. The application of the presidential threshold in Indonesia is also inappropriate because 1) it eliminates independent Presidential candidates; 2) it excludes the participation of non-parliamentary political parties to determine their own Presidential candidates; 3) it only benefits established/large political parties; 4) it is not suitable if applied in a presidential system, because the President in this system is not responsible to parliament; 5) the emergence of transaction politics; and 6) the limited number of choices of Presidential candidates offered.

Originality/Value: There has not been much research on presidential threshold arrangements in their formation, especially based on the political dynamics of law that developed during the formation process

ASEAN Member States Responses to the Russian Invasion of Ukraine

2023-09-02T02:12:17+07:00

Abstract: The military aggression that occurred on February 24, 2022, triggered a global crisis that certainly impacted the Southeast Asian region in various fields such as economics, politics, and security. ASEAN as an international organization in the region has made a statement to seek peaceful dialogue and urge a ceasefire so that military aggression in Ukraine can find a peaceful way and reduce civilian casualties and losses.

Purpose: To find out the response of ASEAN members to Russia's military aggression against Ukraine.

Design/Methodology/Approach: Data was collected through a literature study of previous works and official documentation from ASEAN and its member states. From this research, it can be seen how each ASEAN member country responds to Russia's military aggression invasion of Ukraine. In addition, this research also comparatively describes the responses of the ASEAN members.

Findings: The comparison of ASEAN member states responses to Russia's military aggression against Ukraine varies. Some condemned the military aggression such as Indonesia, Singapore, and Malaysia. Some only did not respond or were neutral such as Laos, Thailand, and Vietnam. Some support the military aggression, such as Myanmar. The difference in response is due to the national political interests of each country.

Originality/Value: This study focuses on ASEAN member countries that responded to Russia's military aggression against Ukraine, so the author believes that no one has studied with the same focus as this research.

Aceh’s Democratic Landscape: Exploring the Role and Impact of Local Political Parties

2023-09-09T02:30:27+07:00

Abstract: After issuing Law No. 18/2001 on Special Autonomy for the Special Province of Aceh. The central government has given extensive concessions to Aceh Province by delegating various authorities, including forming local Aceh political parties. Local political parties are political organizations formed voluntarily based on similarities of will and ideals to fight for the interests of the community, nation, and state through the election of members of the Dewan Perwakilan Rakyat Aceh, Governor, Regent, and Mayor. the existence of local political parties is considered effective in carrying out their roles and functions, especially in implementing the party system in the special autonomy region of Indonesia.

Purpose: This study aims to identify and comprehend the role played by Aceh’s local political parties in the local-level implementation of democratization.

Design/Methodology/Approach: This research method uses a legal research method with a conceptual and statutory approach.

Findings: The results of the study show that the existence of Acehnese local parties can provide political advantages for interest groups to seize power, with the presence of local parties given way as a political vehicle to mobilize power in its government, both in the legislature and the executive. The existence of local parties can embrace all the aspirations of the Acehnese people more specifically than national parties. For this reason, local parties can support the implementation of special autonomy in Aceh.

Originality/Value: There are many studies on local parties in Aceh, but this research explores the existence of local parties in implementing local democracy in Aceh.

Revitalizing Political Parties in Indonesia: Dissecting Patronage-Clientelism Dynamics vis-à-vis Political Representation

2023-09-15T12:44:10+07:00

Abstract: This paper discusses and describes the patron-client phenomenon within political parties. One of the reasons why patron-client relations persist in political parties is that the interests of the political elite are veiled and do not prioritize the dynamic aspects of democratization of political parties as a forum for people's representation. The method used in this study is a normative juridical research method using a statutory and conceptual approach and presented in a formal way qualitative descriptive prescriptive. Data was collected using the interview method, the researcher interacted with informants who were flexible and open to obtain the data needed in this paper. The theory used in this paper is the general patron-client theory, which has developed and is influenced by the political culture within the internal political parties. The results of this study indicate that the patron-client relationship between political parties and cadres is good in the aspects of party elites and candidates legislature. Regional head candidates that occur give rise to a reciprocal relationship which has implications for the non-occurrence of democratization schemes and principles within political parties as a forum for people's representation that will fill public positions. The patron-client phenomenon includes, among other things, personal gifts, interests that are family interest or morphological and have the nuances of money interest.

Purpose: To find out the forms of patron-client practices within political parties and society that give rise to reciprocal relationships that impact political polarization of representation that does not work well and is far from the principle of political party cadres as a representation of the people's will. as well as finding ideal concepts related to patterns of relations between parties, both relations between cadres, political parties and society in general.

Design/Methodology/Approach: Normative juridical using the statute and conceptual approaches.

Findings: The patron-client phenomenon can be caused by a lack of awareness and political education, as well as inconsistency and inadequate performance within political parties, both at the institutional level and among members of the legislature and executive.

Originality/Value: Examining patronage-clientalism within the context of political parties has received limited scholarly attention. The topic of voting behaviour during general elections often revolves around patronage-clientelism. However, this study specifically examines the phenomenon of patronage-clientelism within political parties and its implications for political corruption.

Decoding Terrorism: Analyzing the Dynamics of Definition in Indonesian Legal Instruments

2023-11-05T07:51:23+07:00

Abstract: In fighting terrorism, countries such as the Republic of Indonesia adopted legal measures and instruments to implement the policy lawfully. In the creations of such measures and instruments, the Indonesian government try to define terrorist and terrorism via legal approach. Anything that was to be considered terrorist or terrorism must fulfill the categories mentioned in the legal instruments, either government regulation or law. In the process, what defined terrorism was not just an act, even the financing of terrorism can be considered into account so that it can be brought to the court. The articles seek to elaborate the change and dynamics of defining terrorist and terrorism in Indonesian legal instruments since the first regulations about counterterrorism in 2002 until 2018. The process of making such legal instruments is met with critique and amendment that will be discussed further on the subtopics of the articles.

Purpose: This article aims to elaborate the evolution, dynamics and change of the definition of terrorism with historical perspectives from 2002 to 2018.

Design/Methodology/Approach: Literature review, reviewing several literatures that have related topics and selecting several parts of the book to be quoted in the articles that served as the foundation and analysis of the articles.

Findings: This study shows that since the differences between Government Regulation Number 1 of 2002, Law Number 15 of 2003, Law Number 6 of 2006, Law Number 9 of 2013 and Law Number 5 of 2018 have almost the exact definition of terrorism, that was focusing on “sowing terror” into Indonesian society, but there are several additional changes each time related to what became the interest of the regime. All the aforementioned regulation for countering terrorism has derivates sanctions on those who support the acts that can be included as terrorist. These dynamics and changes from 2002 to 2018 points into one direction, that terrorism is a means to an end.

Originality/Value: The article differs from the usual legal studies article because of the historical approach that was used to oversee the pattern of change in the definition of terrorism in Indonesian counterterrorism legal instruments.

Assessing Constitutional Frameworks for Closed Proportional Representation in House of Representatives Elections

2023-11-01T18:56:16+07:00

Abstract: The electoral system in Indonesia has implemented two politically different systems, one of which is the proportional system. This proportional system is also divided into proportional with an open list and proportional with a closed list. The basic idea of a proportional system is that the composition of seats obtained by a political party in an electoral area will be in balance with the proportion of votes received by the political party concerned in the election. Even in this system, only a few votes are wasted. According to the provisions of Article 168 paragraph (2) of Law No. 7/2017, the electoral system for DPR members is open proportional with a majority vote. This system has a good level of representation because the people are free to determine their representatives who will sit in Parliament directly and can continue to supervise those they choose.

Purpose: This research aims to analyze the application of a closed proportional system in the DPR election from the perspective of the 1945 Constitution of the Republic of Indonesia; arrangements regarding the principles of elections in the constitution are regulated in Article 22E of the 1945 Constitution of the Republic of Indonesia.

Design/Methodology/Approach: The type of research used in this research is normative legal research, using statute and conceptual approaches.

Findings: The results of this research indicate that the application of a closed proportional system is not following the Constitution of the Republic of Indonesia because it will close space for the people to make their own choices directly because in a closed proportional system the determination of who are the candidates for members of the DPR who will sit in parliament is absolute political party wishes.

Originality/Value: Debates about the constitutionality of open proportional and closed proportional systems always fill public spaces, especially before the election. Due to this issue, a fundamental question arises about whether the closed proportional system in the election of DPR members follows the Constitution of the Republic of Indonesia. This issue is the reason for research regarding the general election system for DPR members following the Constitution of the Republic of Indonesia.

Election Dispute Resolution and Justice as Fairness: A Study of Regional Head Elections in Indonesia

2023-11-12T08:30:59+07:00

Abstract: The concept of justice is still relevant for debate, involving two political and legal perspectives. However, the two met in the context of resolving election disputes. Namely the election justice mechanism to resolve all forms of election disputes. This study will focus on resolving election result disputes, the 2020 Regional Head Election Results Dispute. John Rawls is a philosopher and political theorist who strongly influenced the tradition of justice theory. The concept of justice is offered from criticism of utilitarianism and intuitionism. Justice as fairness is a concept of justice that is procedurally fair but also justice that benefits as well as opportunities that are just (equal).

Purpose: This article aims to elaborate Regional Head Election Results Dispute from Rawls’ justice as fairness approach to resolve election disputes.

Design/Methodology/Approach: The research method used is qualitative research. Using a descriptive approach and literature study as data collection techniques.

Findings: There is still a serious debate about achieving the concept of justice between substantive and procedural justice in electoral studies regarding the equitable settlement of election result disputes. A just Regional Head Election Results Dispute indicates the degree of democracy in implementing direct, general, free, confidential, and honest, fair elections (LUBER JURDIL). Constitutional democracy is a meeting point between Rawls' democratic tradition and Plato's nomocracy.

Originality/value: Many articles on Regional Head Election Results Dispute philosophically explain Rawls’ justice as a fairness concept. However, this article explores the relationship between Regional Head Election Results Dispute phenomenon through Rawls’ philosophical concepts.

Women's Dominance in the Short Film Kisah di Hari Minggu

2023-11-19T08:14:40+07:00

Abstract: In the domestic sphere, the stereotype about men who are stronger than women is still developing. This cannot be separated from the existence of patriarchal culture. The domination of one gender is a phenomenon that often appears in society, especially in the domestic sphere. It is also clearly represented by various media, such as movies. Currently, women in the domestic sphere realize that women are empowered figures who oppose patriarchal culture and are not easily deceived by men. This phenomenon has also been represented through various media, especially films. Film effectively conveys messages and influences the audience's views on social and cultural issues. This is because films can represent events that occur in the real world. One film that represents women as dominant figures in the domestic sphere is Adi Marsono's short film titled Kisah di Hari Minggu. Based on that phenomenon, the problem formulation proposed in this research is about how women dominate in the domestic sphere, as represented in the short film Kisah di Hari Minggu.

Purpose: This research aims to determine the dominant practice of women in the domestic sphere in the short film Kisah di Hari Minggu.

Design/Methodology/Approach: This is descriptive qualitative research with Sara Mills' critical discourse analysis as the approach.

Findings: The research results show that both verbal and non-verbal actions in that movie show a woman's dominance, who is a mother. It also shows a counter to the patriarchal system, which always positions women under men.

Originality/Value: The film analysis of women’s dominance is limited since many previous research studies focus on men’s dominance. However, this research examines how women's dominance in the domestic sphere in a short film is analyzed using critical discourse analysis methods.