Mustafa, Yusuf (2020) Election of the President and Vice President of the Republic Indonesia Based on the 4th Precept of Pancasila. Doctoral thesis, Untag 1945 Surabaya.
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Abstract
The research of this dissertation is entitled: "Election of the President and Vice President of the Republic of Indonesia base on 4 th element of Pancasila”, with two main legal issues: (1) What is the meaning of popularism led by the wisdom of decisions in consultations / representation? (2) Is the system for selecting the President and Vice President of Indonesia in accordance with popular principles led by the wisdom of decisions in deliberations / representation? The objectives to be realized in this dissertation are: (1) To explore and find "popular meaning led by the wisdom of decisions in consultation / representation";and (2) To analyze and find "the system of electing the President and Vice President of Indonesia in accordance with popular principles led by the wisdom of decisions in consultations / representation". This dissertation research is normative research which focuses on the level of harmonization or system related to the President and Vice President of the Republic of Indonesia directly by the people based on popular principles led by the wisdom of decisions in consultations (Pancasila democracy) and according to relevant relevant regulations. In this dissertation research several theories are used as knife analysis,namely theory The state of Pancasila law, the level theory of Norms, the theory of the source of law and the Hermeneutic Law theory, and uses two explanations of concepts, namely the concept of democratic state and popular concept which is led by wisdom in deliberation / representation. In analyzing legal issues discussed, in this dissertation research uses several approaches, including: Legislative approaches, historical approaches, conceptual approaches and philosophical approaches. From the results of the discussion and analysis, conclusions are obtained as answers to the problems proposed as follows: 1. Philosophically that the meaning of "populistism led by wise wisdom in deliberation / representation" is democracy, namely the government of the people, by the people, and for the people, based on the principles of: (a) Consultation, that is, making decisions unanimously, by together through the path of wisdom; (b) Carry out decisions based on honesty. Decisions are unanimous so as to bring the consequences of honesty together. (c) The principle of populistism, which is a sense of love for the people, fights for the ideals of the people, and has a popular spirit. The principle of deliberation to reach consensus, which is to pay attention to and respect the aspirations of all the people through consultative forums, respecting differences, prioritizing the interests of the people, nation and state. Statements led by wisdom are leaders who are sound, rational, intelligent, skilled, conscientious, wise, wise, honest, and just or leaders who wisdom leads to professional leaders (wisdom) through the order and guidance of consultation/representative. The fourth meaning of the precepts of Pancasila is a representative-democratic system led by people who are professional and have integrity through a deliberative system to reach consensus in order to get the best results from a round of political decisions. 2. The system of electing the President and Vice President of the Republic of Indonesia in accordance with democratic principles led by wisdom in deliberation / representation is a model for the election of representative democracy with a deliberative system for consensus. While the democratic system is only implemented directly to elect representatives who will occupy positions as representative bodies (representative bodies) to carry out deliberations for consensus in the election of the President and Vice President of the Republic of Indonesia. Therefore, the mandate given by the people to representative institutions is a form of implementation of the concept of popular sovereignty, while the electoral system by institutions that represent the people is the embodiment of the people's principles led by wisdom in consultation / representation as set forth in the fourth element from Pancasila
| Item Type: | Thesis (Doctoral) |
|---|---|
| Uncontrolled Keywords: | Direct election of the President and Vice President by the people, the fourth element fromPancasila |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Doktor Ilmu Hukum |
| Depositing User: | Didik Ahmad |
| Date Deposited: | 21 Jan 2022 06:47 |
| Last Modified: | 21 Jan 2022 06:47 |
| URI: | http://repository.untag-sby.ac.id/id/eprint/13976 |
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