“THE INDEPENDENCE AND INTEGRITY OF THE GENERAL ELECTION COMMISSION MEMBERS IN CONDUCTING GENERAL ELECTION: WITH SPECIAL REFERENCE TO LAWS AND REGULATION ON GENERAL ELECTION OF INDONESIA”
Abstract
General Election is a tool that aims to provide an opportunity for the people to vote and be elected as a peaceful mechanism of political power rotation. This research has objective to evaluate whether laws and regulations on election are sufficient to guarantee the independence and integrity of The General Election Commission members in Indonesia. The research is a normative legal research with statute and case approach, by using juridical qualitative analysis. In addition, to comprehend the analysis, the research will also use comparative approach by studying some new emerging democratic countries. The research shows that after the Political Reform in 1998, Indonesia does not have sufficient laws and regulations that may guarantee the independence and integrity of the General Election Commissioners. It is therefore, many result of elections are being questioned. These unsufficient laws and regulations have disturbed the quality of elections because there were many violations of election but the laws could not be enforced well. The independence and integrity of the General Election Commissioners are important issue, as the decisions are made and implemented by the General Election Commission that may affect to the outcome of General Elections. In order to ensure the independence and integrity of the General Election Commissioners, there should be sufficient laws and regulations that guarantee the quality of election. The research recommends that there should be a need to review the existing laws and regulations that guarantee the the independence and integrity of the General Election Commissioners. By making a more suficient laws and regulations which restraint the General Election Commission, it is expected that it will produce a honest and fair elections.
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