Indonesian Democracy: Folk Party or Humanitarian Tragedy?

摘要

Democracy and the holding of general elections (Elections) are two sides of a coin that are closely intertwined. In 2019, a new history begins in the General Election, along with the Constitutional Court ruling Number 14/PUU-XI/2013 in the trial case of Law Number 42 Year 2008 concerning General Elections which states that the Election of Members of DPR RI, DPD and DPRD (Legislative Election), and Election of President and Vice President (Pilpres) must be simultaneous, not separate as practiced so far. However, after the simultaneous elections, many people died from the Voters Organizing Group (KPPS), the Election Supervisory Committee (Panwaslu), and members of the National Police. Based on preliminary data compiled by the Ministry of Health, the number of election organizers who died totaled 527 people and the number of sick people numbered 11,239 people. This is an ironic fact, the election which should be a place to determine political rights for the people, actually caused many casualties. The problem in this research is, How is the simultaneous election law construction in 2019 in Indonesia related to the norms contained in the 1945 NRI Constitution? The method used in this research is normative juridical with descriptive analysis approach. The expected results in this study are the simultaneous elections in 2019 need to be re-evaluated its implementation. On this basis, it is of course very much expected that the government together with the DPR will immediately draw up the regulation of the Special Law on simultaneous elections, with the aim that the legal certainty aspect is realized as it should. This can be done by judicial review or towards a higher direction, namely the 5th Amendment to the NRI Constitution of 1945.