Thursday, October 22, 2015

1:48 PM

The Efforts to Limit Power; 
A General Election as the Instrument for Development of Democracy in Modern  Country
Syafri Hariansah
(Student of Ankara University)
General View of the Present Research
There are two problems that need to be studied academically namely the issue of democracy and general elections. Theoretically, it is understood that the general election is a direct instrument used in democratic countries. Democracy can be seen as a concept in a country where any decision-making involves its people, "a government of the people, by the people, for the people".[1] To put it simple way, democracy can be regarded as a political system in a particular country.[2]
In the context of modern state development, democracy is expected to be the right choice in governance process. In his book, Robert A. Dahl argues that “democracy provides opportunities for effective participation; equality in voting; gaining enlightened understanding; exercising final control over the agenda; inclusion of adults".[3] If the opinion of Robert is further analyzed, it can be understood that democracy indeed allows open space for public participation. People are given equal opportunities in governance and have the same political rights i.e. the right to vote and to be elected.
Democracy was born from a great movement involving people (people power), or in other words, democracy is identical to the movement of resistance against the dictatorial government. For example, more than a decade ago, more precisely in 1998 there was a massive reform movement in Indonesia demanding President Suharto retreated from his position.[4] Recently, the a movement made by the public and pro-democracy activists in Hong Kong demanding to have full democracy practice can be seen as another example of the movement.[5]
More over, democracy can also be born as a form of leaders’ maturity, for example in Turkey[6] where the leaders make fundamental changes in the organization of presidential elections.[7] Even before the presidential election in Turkey took place, the Prime Minister (PM), Recep Tayyip Erdogan, said that Turkey should become a modern country and be ready to leave long tradition in the state and Erdogan also stated his intention to change the constitution and make the President as the executive since in the past President of Turkey was only a ceremonial figure.[8]
According to the statistical figures published by the democracy index in 2014, there are 24 countries that implement full democracy and 52 countries are flawed democracy.[9] It shows that democracy is the general trend of governing countries. Theoretically, it should be thought that there is no ideal system of government processes in the world. It means that democracy is not the best (stable) government system in the universe.
By having further analysis, democracy does not entirely give positive impacts on the state administration. From the negative side, democracy tends to build tyranny of the majority over the minority and the disintegration of society.[10] Moreover, Aristotle sees democracy as a form of a setback in the government system or in other words, democracy is a bad system.
Basically, the modern state must be supported by a modern constitution. In general, the constitution contains the vision and purpose of the state as well as proposes basic principles and rules which govern the life of the nation, state, and society[11]. However, in the context of the necessity of the modern state administration, the constitution at least should contain rules about the system to fulfill positions both in the executive as well as in legislative level.
It is undeniable that democracy and general election are a need for the implementation of the modern state in accordance with current needs. The above mentioned facts become the evidence that people have a very strong role in the transformation of their country towards the modern state, or in other words, sovereignty is the forerunner of the birth of the democratic system. This testimonial is in line with statement proposed by Harold J Laski:[12]

"The modern state is a sovereign state. It is, therefore, independent in the face of other communities. It may infuse its will towards them with a substance the which need not be affected by the will of any external power. It is, moreover, internally supreme over the territory that it controls"

Based on this opinion, it can be concluded that the modern state is a country that has sovereignty. It means that, almost all countries in the world have sovereignty but if it is associated with the development of the country in the 20th century, it will be different. The opinion of the people's sovereignty by Roessau can be a major indicator of the modern state system; Roessau said that general election should take place as an effort to accommodate the wishes of the people in every policy decision.
Ramlan Surbakti, in his book, argues that the general election is a mechanism of selection and assignment or transfer of sovereignty to the person or party that is trusted[13]. In addition, Harris G Warrant says that elections are the occasions when citizens choose their Officials and Decide, what they want the government to do. These decisions and citizens determine what rights they want to have and keep[14]. By referring to the two above-mentioned opinions, general election can be simply understood as a system or method of leadership filtration by promoting democratic principles in the process of leadership transition.
In Indonesia, the direct election is held to elect the President and Vice-President (namely PILPRES) 15, member of the Legislative ("PILEG)[15] and Governors, Regents and Mayors (PILKADA).[16] The election is held by election management bodies consisting of Elections Commission (KPU), Election Supervisory Body (BAWASLU) and the Honour Council of Election Commission (DKPP).
Implementation of the election itself has a positive role. Election is positioned as a filtration system and circulation of power, both in the executive and legislative, bringing future leaders with constituents, and then the election is the most democratic way in determining which leaders who gain legitimacy based on the people’s vote. In addition, the election is designed as a limitation of power in a state. However, in one side, election causes transactional politics, black campaign, even leads to conflict at the grassroots.
From the results of the evaluation conducted by the Elections Supervisory Board in 2014, there were 7,250 violations at the time of legislative elections, with the details of the criminal offense as much as 186 election cases, 38 violations of the code of ethics, and the 7296 electoral administrative violations.[17]
The two things above would lead to a paradox of rationality that rises to the surface of democracy and the holding of the election itself. On one side, democracy and general election can be an important indicator of the modern state, however, on the other side, democracy causes instability in society.







[1]  Harris G Warren, Our Democracy at Work, Englewood Cliffs, (USA: Printice P.l, Inc, 1963),p.2.

[2] Henry B Mayo, An Introduction to Democratic Theory, (New York: Oxford University Press, 1960), p. 38.
[3] Robert A. Dahl, On Democracy. (USA; Yale University Press, 1998), p.38.
[4] Theoretically, Indonesia (in Soeharto’s regime) had applied democratic system. The concept is then called as procedural democracy. The people power action in 1998 was a form of action to force the implementation of full democracy in Indonesia.

[5] Chusnan Maghribi, Suara Merdeka, Demokrasi di Hongkong, 30 September 2014, can be accessed in http://berita.suaramerdeka.com/smcetak/demokrasi-di-hong-kong/

[6] Republic of Turkey had been proclaimed by Grand Council on 29th October 1923 by making Mustafa Kemal Ataturk as the first President and Ismet Inonu Pasha as Vice President. Then, in 1937, Mustafa Kemal Ataturk made secularism as national ideology, so the government separated religion and government processes. By using his authority, Mustafa Kemal Ataturk made some constitution to replace Islamic law in Turkey. As cited in Reksa Fiaji Tamara, Analisis Kemenangan Adalet Ve Kalkinma Partisi (Akp) Dalam Pemilu Turki 2011, Journal Ilmu Hubungan Internasional, 2013.
[7] The first general election in Turkey took place on 10th August 2014. There were three candidates namely Prime Minister Recep Tayyip Erdogan, an academic and the former chairperson of OKI Ekmeleddin Ihsanoglu, and a young kurdi politician Selahattin Demirtas. The first general election in Turkey was held by using absolute majority principle that was the President was the one who gained absolute majority or 50%+1 and if it failed so the election would have had two round systems. The concept can be seen in Syafri Hariansah, Pengisian jabatan Presiden dan Wakil Presiden; studi 8 Negara, (Yogyakarta : AG publisher, 2014). See also Voice of America, Turkey Runs the First President Election 10 August 2014 (can be accessed on http://www.voaindonesia.com/content/turki-lakukan-pemilihan-presiden-langsung-pertama/2408665.html)
[8] Turkey made changes in electing president mechanism. Along the history (91 years), the President in Turkey was elected by parliament but in 2014, Turkey changed the tradition by direct vote as the highest authority. Ibid, see on Republika online, erdogan ucapkan selamat tinggal, 10 Agustus 2014, can be accessed in  http://www.republika.co.id/berita/internasional/timur-tengah/14/08/10/na3efs-erdogan-ucapkan-selamat-tinggal
[9] see democracy index by country tahun 2014, compare to democracy ranking. It can be accessed diakses pada tanggal 21 April 2015,  dapat diakses dalam http://democracyranking.org/

[10] Robert A. Dahl, Perip. Demokrasi, Menjelajahi Teori dan Praktek Demokrasi Secara Singkat, (Jakarta: Yayasan Obor Indonesia, 2001), p..63.

[11] Bambang Widjojanto, Reformasi Konstitusi: Perspektif Kekuasaan Kehakiman, Jurnal Kementrian Hukum dan Hak Asasi Manusia Republik Indonesia, 14 July 2010.

[12] Harold J. Laski (1967) A Grammar of Politics, (London: Allen & Unwin), as cited in Mark Beeson, Sovereignty Under Siege: Globalisation and the State in Southeast Asia,p.2. Paper for ‘Running on Empty? Politics, Markets and Southeast Asian Regionalism Southeast Asia’, 17-18 January, Southeast Asia Research Centre, 2002, Hong Kong. A revised version will appear in Third World Quarterly
[13] Ramlan Surbakti, Memahami Ilmu Politik, (Jakarta : Gramedia Widya Pustaka Utama,1992),p.181.

[14] Direct election for President took place in Indonesia in 2004. The election is held every five years. See Syafri Hariansah, Pengisian Jabatan Presiden dan Wakil Presiden studi perbandingan dengan 8 negara, op.cit., p. 50.

[15] Legislative election in Indonesia is run to elect members of the House of Representatives and the Regional Representatives Council, Legislative election is held for 5 years.

[16] Election governors, regents, and mayors are held to elect the governor in each province, the Regent and the Mayor of the District and City region in the entire territory of the Republic of Indonesia.
[17] Data of legislative elections in 2014, accessed on February 10, 2015, can be downloaded in http://www.rumahpemilu.org/in/read/5900/Bawaslu-Terjadi-7520-Pelanggaran-di-Pileg-2014

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