Vol.4, No.06, Juni 2023
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P-ISSN: 2723-6595
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Jurnal Indonesia Sosial Sains, Vol. 4, No. 06, Juni 2023 531
Postponement Arrangements of Election From The Perspective
of The 1945 Constitution of The Republic of Indonesia
Askolani Jasi
1
, Megawati Barthos
2
, Faisal Santiago
3
1,2,3
Universitas Borobudur, Indonesia
Email: askolanijasi91@gmail.com1 , megawati_barthos@borobudur.ac.id2 ,
faisalsantiago@borobudur.ac.id3
Corresponding Author: askolanijasi91@gmail.com
ARTICLE INFO
ABSTRACT
Keywords: Arrangement;
Postponement of Elections;
The 1945 Constitution of the
Republic of Indonesia
Abstract. Provisions regarding the postponement of the
implementation of elections have been regulated in Article 1
paragraph (Huda, 2012) of the 1945 Constitution of the Republic
of Indonesia. Prior to the election, there have always been efforts
from several parties who wished that elections could be held in a
direct, public, free, honest, fair, and transparent manner. However,
this matter was deliberately brought up, so that the
implementation of the General Election could be delayed from the
previous schedule for some reason. Nevertheless, the
implementation of the Election can be postponed, as long as it does
not violate the applicable laws and regulations, and has received
legal approval based on the results of a Judge's decision in court.
The after-effect of the delay in the implementation of the election
itself can end in the need for an amendment to Article 22E
paragraph (Jimly Asshiddiqie, 2021) of the 1945 Constitution of the
Republic of Indonesia. Thus, even though it is legal in the eyes of
the law if the implementation of the election is postponed,
considering the impact that needs to be caused, all parties, starting
from elements of the Legislature and Judiciary in making decisions
related to the possibility of holding elections properly and
correctly, without political elements involved.
Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)
1. Introduction
The Indonesian National Police is one of the roles that the state government plays in the
areas of public safety and security, law enforcement, protection, and community service
(Danendra, 2013) . which is frequently abbreviated as Polri. Its goal is to realize domestic
security, which includes fostering public peace by upholding human rights, law enforcement,
the implementation of protection, protection, and community service, as well as maintaining
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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.
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2. Materials and Methods
This applied paper was written using an analytical and descriptive approach (Imanina,
2020) . First, data that clearly describes the issues directly in the field were used, and then an
analysis was done and a conclusion was made to find a solution to a problem. Observation and
literature review as methods of data collection for this paper's problem-solving aspect.
The sociological juridical approach is a way to look at problems from a legal and systematic
perspective. It also serves as a guide to rules that can be used as a foundation for analyzing
legal phenomena. The sociological approach is one that is used to study a problem in society or
the community with the goal of getting facts, then finding problems, figuring out how to solve
problems, and so on.
3. Results and Discussions
3.1 Postponement Arrangements of Election Implementation Based on the 1945 Law of
the Republic of Indonesia
The presence and execution of decisions have been managed in the constitution, Article
22E passage (Jimly Asshiddiqie, 2021) of the 1945 Constitution of the Republic of Indonesia
which specifies that races are completed straightforwardly, openly, unreservedly, secretly,
truly, and genuinely like clockwork. The state's structure is set by the constitution, which also
oversees the government and regulates the relationship between it and its citizens.
The emphasis contained in the constitution is a requirement that must be obeyed and
implemented. The talk on deferring the execution of the Overall Political race will prompt a
contention with the constitution. The sovereign's constitutional right to elect the mandate
bearer who will carry out this sovereignty is put on hold for five years if the general election is
postponed. So if forced to postpone the implementation of the election must change the
constitution first. Amending the 1945 Constitution of the Republic of Indonesia must not only
rely on the formal power of the MPR because the holders of sovereignty are the people as
contained in the constitution. This constitutional change will lead to abuse of power alias abuse
of power from the legislators.
Given that the People's Consultative Assembly, or MPR, has 711 members, including 575
members of the DPR and 136 members of the DPD, the debate regarding the postponement of
elections is actually a significant issue. The People's Consultative Assembly, or MPR, is the
formal and political space for amendments to the Republic of Indonesia's 1945 Constitution.
Alluding to the arrangements of Article 37, proposition to correct protected arrangements can
be remembered for Individuals' Consultative Gathering meeting whenever presented by no less
than 33% of the all out number of individuals from Individuals' Consultative Get together. After
that, the meeting of the National Council to amend the Constitution will be attended by at least
two-thirds of all People's Consultative Assembly members. In addition, the People's
Consultative Assembly and at least fifty percent of its members will need to agree on any
changes to the Constitution(Huda, 2012) .
Meanwhile, if the government wants to postpone the election, then amendments must be
made, especially to Article 22E paragraph (Jimly Asshiddiqie, 2021) . However, apart from
changing the provisions of Article 22E paragraph (Jimly Asshiddiqie, 2021) , the postponement
of the 2024 elections will have an impact on other articles in the Indonesian state constitution.
The postponement of the 2024 elections will cause the President and Vice President to serve
longer than should be mandated by the constitution. This means, to postpone the 2024
elections, the government must choose the option between increasing the presidential term or
presenting the presidential term for 3 terms. This then has an impact on the need for
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amendments to Article 7 of the 1945 Constitution of the Republic of Indonesia related to the 5-
year presidential term.
Referring to the constitution, The President and Vice President will lose their authority and
legitimacy when their terms of office come to an end. As a result, state institutions whose
appointments depend on the legitimacy of the President and the House of Representatives can
be paralyzed. Even though there is room for amendments to postpone the election, the
postponement of the election will have an impact on the democratic system in Indonesia
(Fitriana & Budyatmojo, 2022) .
Postponing the General Election means postponing the constitutional right of the sovereign
holder to elect the mandate bearer who will carry out this sovereignty for five years. So, if
forced to postpone the implementation of the election must change the constitution first.
Amending the 1945 Constitution of the Republic of Indonesia must not only rely on the formal
power of the MPR because the holders of sovereignty are the people as contained in the
constitution. This constitutional change will lead to abuse of power alias abuse of power from
the legislators.
The discourse on postponing the 2024 Election comes with problems. The regulatory limits
People's Consultative Assembly stipulated in the constitution contained in Article 22E
paragraph (Jimly Asshiddiqie, 2021) strictly limit implementation every five years. If the
postponement of the General Election is still carried out, the implications that will arise will
also be very diverse. The postponement of elections requires an amendment to the constitution
which in practice is very full of political interests. This will lead to new political upheavals that
will have implications for the uncertainty of national policy direction during the transition
period. In addition, postponing the election will also betray the constitutional contract between
citizens and the government officials they choose through democratic contestation so that the
abuse of power that is feared by all parties will occur.
Starting from the start, the Republic of Indonesia has had guidelines in regards to races.
This demonstrates the significance of elections to Indonesia's state life. However, it appears
that these ideal conditions do not always operate without any anomalies or phenomena that
undermine the election's idealistic values; from the first election to the most recent, election
norms have always been violated. Therefore, all politicians ought to think rationally and not
justify any means of gaining power by hindering or even harming democracy.
The case of the postponement of the holding of elections is an example of the existence of
political elites who want to gain power by sacrificing constitutionality and sacrificing a sense of
just democracy, without considering the victims who will become the people. The people will
feel the impact directly or indirectly, starting from the uncertainty of the situation and
conditions that occur in society, because the people are already feeling fed up with the disputes
of the political elite.
The election enforcement agency ought to be firm and comprehend that there are, in fact,
multiple main stages through which elections are conducted, and that there is a high
probability that there will be disagreements or violations at each stage. This possibility could
be brought about by oversight, fraud, or election-winning tactics that don't break the law but
hurt public trust (non-fraudulent misconduct). Therefore, early efforts to prevent fraud,
oversight (mistake), and election-winning strategies that do not violate the law but undermine
public trust (non-fraudulent misconduct) are essential).
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4. Conclusion
The proposal to postpone the 2024 general election is very important to look at from a
constitutional perspective because the constitution is the highest source of positive law that
must be used as a basis for every policy. Referring to related articles such as Article 7 and The
Republic of Indonesia's 1945 Constitution, Article 22 E, Paragraph 1, it is true that there is an
allusion or discrepancy between the proposal and existing constitutionality. There are also
several other constitutional consequences considering that in Indonesia. The relationship
pattern between the executive, legislature, and judiciary applies (Trias Politika), such as who
will take office if the presidential term is extended considering that members of the legislature
will be discharged according to their term of office for five years. Apart from that, the proposal
to postpone elections is not taboo.
5. References
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2024. Souvereignty, 1(2), 214–220. https://doi.org/10.13057/souvereignty.v1i2.224
Huda, N. (2012). Hukum Tata Negara Indonesia Edisi Revisi.
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dalam Paud. JURNAL AUDI: Jurnal Ilmiah Kajian Ilmu Anak Dan Media Informasi PAUD,
5(1), 45–48. https://doi.org/10.33061/jai.v5i1.3728
Jimly Asshiddiqie, S. H. (2021). Konstitusi dan konstitusionalisme Indonesia. Sinar Grafika.
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Berhubungan dengan Penggunaan Alat Kontrasepsi Dalam Rahim di UPTD Puskesmas
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