Khlaresta Tsabitah Noer 1006805233 Costitutional Law Mustafa Fakhri Minimize Issues During General Election

May 26, 2011

Elections are one of the characteristic of countries that embrace democratic system. Even so, there are also several features that characterize the key to democracy itself. Such as competition for office, a high level of citizen participation, and guarantee of basic civil and political liberties. In the general election, there are some fundamental alements. One of them is the right to vote. The right to vote itself is a right that must be protected and guaranteed as a fundamental right or rights of citizens in a democratic state of law rule based on the rule of law. Many people were asking about why the election was held on regular basis. The reasons are; the opinions or aspiratios of the people about various aspects of living together n society is dynamic, growing from time to time. In addition to changing peoples opinions, condition of living together in society can also be changed, either because the dynamics of international life or due to factors within the country it self. The changes of peoples aspirations and opinions are also possible because the number of adult population. Elections should be held regularly to ensure the process of changes I leadership also regularly state. Most of the time, we forgot about the real objectives of us having an election. The purpose of holding an election is to allow for an orderly transition of government leadership and peace, to allow the change of officials who will represent the interest of the people in lembag representatives, to implement the principle of popular sovereignty, to implement the principle of citizenship rights. According to law no. 23 year 2003, election purpose is to choose representatives and regional representatives, as well as to establish a deocratoc government, stronger, and gain popular support in order to achieve national goals as mandated by the constitution. In Indonesia, for moreover than two decades, regularly we have certain problems during general election periods. We always found some issues that related to unfairness. Lets say in the first presidency era, Mr. Soekarno. After Presidential Decree, a lot of protests that has been posed because of it, and these dissatisfaction generated movement to overthrow President Soekarno from his position that called 30 September Movement. Soeharto, and also he pocketing Super Semar agreement legally replaced Soekarno. This era is called the New Order era. In election times, the determination of the proposed candidate for the legislature sits entire lying the hands of party elites in their respective levels. As a result, the aspirations and interests of the community about who should tend to the fait accompli by the parties. Moreover, in practice proportional system which is valid for the new order, people just choose heads the party, while the candidates have been structured in such a way as previously by the party elite without community involvement. In the

context of an authoritarian system in effect at the Soeharto era was that it could be understood as a manipulative electoral designed to maintain the prevailing political structure. The candidates proposed by the three political partiesGolkar, PDI and PPP, have been through previous mechanism screening by the state apparatus. After Soeharto's resignation after the events of May 1998 riots, giving new hope to the community will back the restoration of political rights of the people and the emergence of the representatives, the party, as well as the legislative body that is more aspirational. And the direct election a manifestation of democracy in this reform era. Democracy comes from Greek word that means the government of the people, by the people and for the people. The purpose of democracy is that all the people involved in managing the country. In democracies, power is in the hands of the people. Before the 2009 elections being upheld, there are several problems that already prevailed. Time operation, the narrower preparation period, but the issues about election were not completed being discussed. Election bill that created the House was not necessarily approved by the government, and therefore may not be discussed into law, some things in it very worthy to be discussed. One of the ideas the House is to assert the national character, permanent and independent as the organizer of the election. In addition, there are also cases of dispute with the KY Supreme Court that ultimately led to the cancellation of the articles of supervision in KY by the Constitutional Court Act. The things this is the base of the existing problems in the 2009 election. The numbers of violations occur because of lack matangan The law on elections and a variety of reasons. Violations often occur is an administrative violation, and were followed by the lack of response by the authorities in this long period of time. Therefore, I decided to discuss these violations in our papers. In general election of 2009, there were several obstacles that made bad images about the elections committee. One of them is the mixed up ballot. According to the State Audit Boards data, there were at least 150 cases of the mixed up ballot in 2009 election. This kind of case is a major violation throughout the legislative election in 2009. For the detail information about this certain issue, according to Media Indonesia, they recorded in detail about this particular issue, this mixed up ballot were found in Lampung approximately for 33 cases, central java 19 cases, south Sulawesi 18 cases, West Nusa Tenggara 12 cases, and south Maluku 10 cases. However, this kind of administrative violation that clearly happened wasnt become the main concern and nearly very rear to step up into investigation state. Based on that reality, it becomes my trigger to write even deeper about this issue. To make this essay more actual, I will give sample of case that happened in the 2009 election. I will take a case from Banyumas area, Central Java. Vote counting in several polling station was had ongoing disputes about the fact that there are hundreds of election ballots are mutually exchanged between region. In TPS 3 Kedungwringin Village, District JatiLawang, found thare are 75 house of representatives ballot electoral district of north Sumatra I tucked between the stack 340 sheets of the House od Representatives ballot electoral district of central Java at the polling station VIII. As many as 47 in the first ballot electoral district of north Sumatera has voted by the

voters. Voting committed chairman group TPS 3, Tholib, said it was the new note after the 47 voters who noted that the House of Representatives ballot paper which he held for the electoral district of north sumatera is 1. Since then, we re-examine all the ballot papers, and there were 75 ballots electoral district I went into our polling station. For other ballot is correct. He said. Still in the village Kedungwringin, KPPS TPS 6 was forced to stop voting for candidates for parliament Banyumas all mixed up with his voice mail from a supposed electoral district electoral district III, II, Banyumas. One member of the district electoral committee Jatilawang, Unwanus, saud the termination was because members of TPS 6 KPPS worry violate the rules. According Unwanus, termination is made after a voter to 153 questioned ballots are held not in accordance with the allotment of electoral district in Jatilawang. Therefore, starting drom the voter to 153 uuntil the last sequence of 217 voters at the polling station, did not use its right to vote for the election of parliament candidates Banyumas. Lets not be chaotic, the local polling station officials did not provide ballots to voters Banyumas Parliament next. Based on the observation Banyumas election supervisory committee, at least there are more than 16 polling stations in seven districts in Banyumas a voice mail exchanged mutual inter-electoral district. Generally, ballots were mixed up Parliament Banyumas. I expect there are many more inter-electoral district ballots are mied up. For example, in district Sumpiuh also found his voice mail a few polling stations swithched with another electoral district, but it is not known how many. He explains. KPU chairman Banyumas AAN Rohaeni admit, swapped inter-electoral district ballots in some polling stations had closed the probability of election of candidates. However, he denied that it is harmful to the ballot candidates. That is because ballots have been voted although not appropriate electoral district,and equipment is calculated according to his political party. Still no loss of sound. He said. Related TPS 6 in the village Kedungwaringin who stopped voting for parliamentBanyumas, AAn said, will be dealt with voting continued. For voters to 153 to 217 that has not been given the opportunity Banyumas to choose the parliament. But this will we close the back. He continued. This mixed up accident of the ballot was of course such a result from the negligence of State Audit Board. It definitely shows the of sorting. In fact, the budget available for sorting and foldimg. Things like this certainly detrimental to canditates who conduct elections in the region, many voices will be lost and canceled the candidates belong to because of wrong ballots. In my opinion, cases of ballot papers mixed up like this should be at tackle, some of which can be done, among others, began the process of sharing and sorting mail. Ballot papers distributed to the affected areas can be selected and reviewed its contents can be packed clear by stating the number of each TPU, then another way is by re-checking by the committee each TPU before ballots were given to voters, I think by doing the second thing like this can minimize the harm in ballots received by voters. Steps undertaken by the local Panwaslu been good, which by looking for the same ballot of the nearest TPU and reproduce by means of photocopying. Institution

of the future so that electionscan run well, there was no protest from the candidates who are not elected just because of cases of ballot papers confused as happened in the year 2009. Many cases recorded in the 2009 election about the lack of logistic. In briad outline, is the logistics of the election are: the ballots, the ballot boxes and lock boxes, the object for administrative purposes (DPT sheet, form the minutes, stationery, ink marker, etc) supporting equipment (bench to voters who were waiting, a table for the committee, each local area, and some are sent directly by the local election commission, such as voice mail, form the minutes, and lock the ballot box. At least there listed 183 cases reported on the lack of logistics in the general election of 2009. The problem was also in varius type, including ballots that have been filled. This case occurred in TPS Tombolo, south Sulawesi. In these ballots, filling the number 2 pair and vice president have been filled. As a result, elections were halted briefly to allow tie for the committee to deliberate on this matter. The committee then proofread all ballots will be used to ensure all is still empty. After the process, the election proceed. Second one is the shortage of ballots. This occurs among the KPU Bungo who had reported that they had not received ballot papers on the H-30 from general election. Whereas they had asked the commission to send a shortage of centers to vote in advance. In the procedure, the ballot should have been receieved on February 29 (or 40 days before general election said Chairun nA Roni, a member of Bungo province. Then a new voice mail is received the Commission Bungo on H-15 election. Another issue about logistic system was the lack of C2 form (a form to accommodate the result of vote counting.) This is the case in the area Sumenep (Madura) and in the area of south Jakarta. In the case in Madura, this problem occurds because the roads that need to be taken seriously damaged making it impossible to pass. Local election commission took the decision to send the form C2 via helicopter, although the local BMG office tried to ban it. While the case in south Jakarta not received any serious response from the local central election commission, so that the elections committee had to double the existing C2 form with you how to photo-copy. Many voters who then questioned about the form plagiarism: is, hey suspect a indication fraud in vote counting. A further issue is about money politics. Legislative election in 2009 guided by the law number 10 of 2008, which in its development of the act is waived as a chapter in the cause of the filling of a judicial review of several articles submitted to the constitutional court. Application for judicial review made by the PDI-P oliticians from east java. In a test application for the material, he asked the constitutional court to cancel the provisions of article 55 paragraph (2) and article 214 because it considered contrary to the constitution. And the result of the constitutional court decides Considering that petitioner reasoned arguments in respect article 214 letter a, b, c, d, e act no. 10 of 2008, the applicants request is granted. With the removal of the artivcle is then to be able to become a member of the board, whether provincial abd district legislature, each member of legislative candidates should be able to get as many as votes from the voting public Ironically the people

who are given the freedom to choose is not directly familiar with the prospective board members who will be chosen and the voting public too confused to choose the party or candidate members of the council? As a result, candidates for the board to be difficult to convince voters. Condition like these make the prospective board members must immediately increase its popularity in the eyes of society, road to taken by handing out food, goods, and even money yo the community constituents. Thus the candidates are competing to influence the electorate to vote for himself as a member of the board. The legal issue of money politics in this election still had to get a firm ation and on the cover with a good law, so there is a deterrent effect against perpertators. Due to the politics of money, it means that here theres unfair competition or in obtaining fraudulent votes. Such actions cannot be allowed because it would damage the morale of the nation. Although there were several ways to work things out; the existence of strict supervision od the electoral commission of the candidates in the campaign, the exstance of political education for the community, so that people can be smarter in choosing the candidate in legislative body, the existence of a uniform publication of the profiles of each candidate in full at various places easily accessed by the voting public, combatiing corruption, legislation is good, firm, and comprehensive on the legal actions that may occur. However, until now the political money is still a lot happening and there I no way out, including the election of local leaders still made money politics. Eradication of money politics should be conducted with the cooperation of various parties, lefislative candidates, and voters. Countries should prepare legislation to have strict sanctions to trap the perpetrators of political money, the government should be able to carry out the mandate law, then foster a high awareness on the politicians for not justift a variety of ways for can be selected, and communities that are smart in choosing a candidate and refuse and report the behavior of manipolitics. So that it can be deduced is that to avoid bad news during the general election, we should go back to the beginning and the main purpose of why we should hold elections. We must be able to embed idealistic thoughts about any cheating (though it was very tempting) to do during the election.

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