Penerapan Sistem Proporsional Terbuka Pada Pemilu Legislatif Pasca Amandemen UUD NRI 1945

Jamaluddin, Jamaluddin (2021) Penerapan Sistem Proporsional Terbuka Pada Pemilu Legislatif Pasca Amandemen UUD NRI 1945. Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT The Indonesian state adheres to the understanding of people's sovereignty (democratie) this is stated in the body of the 1945 Constitution of the Republic of Indonesia in Article 1 paragraph (2) which reads "sovereignty is in the hands of the people and implemented according to the Constitution". The manifestation of democracy is through general elections. The phenomenon after the amendment to the 1945 Constitution, Indonesia's electoral system continues to change. In the case of the electoral system, from a closed list party proportional system to an open list party proportional system. Since 2004-2019 the electoral system has used open proportionality with various variations. The main problem of this research is how is the application of an open proportional system after the amendments to the 1945 Constitution of the Republic of Indonesia for the 2004-2019 period? And how to formulate the concept of general elections in translating people's sovereignty after the amendments to the 1945 Constitution of the Republic of Indonesia through an open proportional system. This thesis uses a normative juridical research method, namely using written legal norms as the basis of research. Then the data obtained were analyzed qualitatively and inductive conclusion techniques. The application of the open proportional system in the legislative elections after the amendment to the 1945 Constitution of the Republic of Indonesia varied, the 2004 election with a limited open proportional system, the 2009 and 2014 elections applying a pure open proportional system and 2019 applying a limited open proportional system. The open proportional system is able to present a variety of electoral winning parties. However, open competition is often abused by legislative candidates to win the election by practicing money politics. Money politics occurs because the pattern of open recruitment of political parties is not democratic, so it is necessary to make improvements with a candidate pattern of at least 3 years as a member of a political party. In addition, to realize the concept of general elections with an ideal open proportional system in the context of realizing voter sovereignty, the government must revise the electoral law specifically regulating the conditions for elected candidates to be terminated so that cases of elected candidates are terminated by parties no longer so that the existence of the system Indonesia's open proportional elections are maintained in implementing people's sovereignty.

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