e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595
Jurnal Indonesia Sosial Sains, Vol. 4, No. 06, Juni 2023 532
public order and security.
The concept of people's sovereignty (democracy) cannot be separated from the
understanding of Indonesia's rule of law. Democracy, also known as "people's sovereign law,"
or "democrazy rechtsstaat," is both a democratic state based on the law and "constitutional
democracy." Thus, the standard of a majority rules system expresses that a country's
administration is an administration of individuals, by individuals, and for individuals. 3 The
equal participation of all citizens in determining government policy is a fundamental
democratic principle.
The General Election (Pemilu) is an example of how the democratic principle is put into
practice (Marita, Chairuna, & Effendi, 2022) . A process of putting people's sovereignty into
action to fill positions in a government through direct, public, free, confidential, honest, and fair
elections is known as a general election. 5 One of the characteristics of a democratic
government is the direct and indirect participation of citizens (the people) in political decision-
making during general elections. This democratic embodiment is primarily an effort to
empower the community's role and participation in the realization of their constitutionally
guaranteed political and social rights.
The democratic party is characterized by the development of the Republic of Indonesia's
constitutional system as a result of the Amendment to the 1945 Constitution, which established
the foundations for the life of the nation and state and declared that sovereignty belonged to
the people (Situmorang, 2021) . This principle was then implemented through the development
of the domestic political system and the system of government, which included the system of
administering regional government. as well as the system for holding general elections to
encourage the establishment of a more representative government.
The public has become increasingly agitated recently as a result of the election's recent
postponement from its original 2024 date to 2027. According to Article 7 of Article 22,
paragraph 1, the election was postponed in violation of the constitution. The principles of
constitutionalism that must be followed are outlined in the 1945 Republic of Indonesia
Constitution (Jumadi, 2016) .
A clear violation of the constitution is related to Article 7 in conjunction with The following
is from Article 22E paragraph 1 of the Republic of Indonesia's 1945 Constitution:
"The President and Vice President hold their positions for five years, and after that, they can
be re-elected. The President and Vice President hold office for five years, and after that, they
can be re-elected in the same position, only for one term of office".
Then, Article 22 E paragraph (Jimly Asshiddiqie, 2021) states that
"General elections are held directly, publicly, freely, secretly, honestly and fairly every five
years". The Republic of Indonesia's constitution stipulates that political power is subject to
restrictions. It will have implications for (if there are no restrictions): 1) dictatorship; ( 2)
maltreatment of force; thirdly, anyone can be a dictator.
Apart from that, the postponement of the General Election will lead to a decrease in public
perception of the quality of democracy in Indonesia. Thus, a comprehensive review is required,
and the previous judge's decision needs to be clearly discussed on its material and substance.
A formulation of the problem can be derived from the preceding problems, namely: From
the perspective of the Republic of Indonesia's 1945 Constitution, how to arrange for the
postponement of the election's implementation.