GAGASAN CALON PERSEORANGAN DALAM PEMILIHAN PRESIDEN DAN WAKIL PRESIDEN DALAM SISTEM KETATANEGARAAN INDONESIA
Abstract: The nomination of
the President under the Act must be nominated by a political party or coalition
of political parties. However, the election of Regional Head, given the
opportunity to nominate themselves as individuals. It certainly restrict the
people who want to run for President through the individual, as if it were 1945
had arranged that every citizen has equal opportunity in government. Based on
this understanding, the authors of this paper formulates twoformulation of the
problem, namely : first, whether the urgency of independent candidates in the
general election of President and Vice President in the statesystem of
Indonesia? second, how the efforts efforts to implement the idea of independent
candidates in the general election of President and Vice Presidentin the state
system of Indonesia?The research method in this study, first, the type of
research is legal normative and descriptive. Second, in this study, the data
used by researchers is secondary data. Third, data collection techniquessupported
by three legal material, namely : primary data, secondary data and data
tertiary. After the data collected then analyzed qualitatively, then draw conclusions
with deductive thinking method is to analyze the problems of thegeneral form to
a special form.From the research, there are two main things that can be
inferred. First , the President 's candidacy individuals refers to patterns of
local elections . In the Constitutional Court Decision No. 5 / PUU - V / 2007
which discusses judicial Local Government Act, which approved the nomination of
the Regional Head through individual selection. However, theopportunity is
closed because of the election of President and Vice President must be
nominated by a political party or coalition of political parties. This is clearly
contrary to Article 28D paragraph ( 3 ) of the 1945 Constitution whichsays that
all citizens have equal opportunities in the government. Second, this time is
not considered democratic presidential election since the closure of opportunities
for independent candidates, so it is necessary the holding of thefifth
amendment to the articles of the 1945 Constitution and was followed by changes
in legislation related to election of the President and Vice President.
Penulis: Mitra Aisha
Kode Jurnal: jphukumdd151341
