Democracy Indonesia by hanafie29


More Info
									CHAPTER I

1.1 Background

How do people balance democracy? Can we accept the rule by the majority, while the minority be
respected and protected? System of democracy around the world must face the question of how to
maintain a balance between the idea of 'government by the majority' on the one hand, and the idea
of democracy that considers the 'individuals' on the other. This problem is already long enough to
recognize. The theorists of democracy such as Alexis de Tocqueville and John Stuart Mill had
broached the idea of 'majority tyranny' in a very famous study "Democracy in America" in the 19th
century, while Mill had warned us about how the majority can pass laws or legislation which has a
very nasty effect for minorities.

Thus, people often ask whether democracy? Does democracy mean that the state must protect the
individual, or democracy as the only means government by the majority? Also in Indonesia, when
democratization was not immediately produce results in the form of welfare and socio-political
stability of the better (as implied in the saying that "our democracy is keblablasan"), then there is
reason for some people who want to Indonesia back on the old system, namely the model of
authoritarian rule that promises the creation of prosperity and stability in a short time.

Democracy is clearly recognized not as a perfect system, but there is strong evidence that
democracy is the best system among other systems of government in the regulation of man by man
who ever attempted in history. Therefore, as is often voiced by some experts, it takes real
democracy is deepening (deepening of democracy), rather than reject democracy itself.

At the level of power, democracy will mean the necessity to strengthen the understanding of
popular sovereignty (people Sovereignty) and uphold democratic rules (in the form of the
constitution and the rule of law), but at the grassroots level and among the younger generation, the
challenges of democratization shows a somewhat different face .

Michael Oakeshott and F.A. Hayek has stated that the civitas or state as a form of purposive
association is formed due to equations grouping the purpose or intent (shared purposes or goals),
have a tendency to deprive the freedom of association for groups that have their own objectives
which are considered as if different from the purpose of the nation as a overall. As a result,
purposive state (as opposed to 'enterprise association) such that inevitably tends to violate freedom
of association, requires mandatory participation in a group that supports the objectives of the civitas
(state), and at the same time suppressing any attempt to disrupt the achievement of objectives the
dimaksukan (purposive goals). In the end, just to make sure the government to be neutral in relation
to a variety of purposes in society, then civil society will be able to grow prolifically. Although
freedom of association is not mentioned in the same way as freedom of expression (free speech)
and freedom of assembly (freedom of assembly), the freedom that seems to be one of "fundamental
freedoms" of many people at least according to liberal thinkers such as Rawls, Mill, and many
thinkers the other liberal.
But the idea of neutrality of the state get criticized for not reflecting the true reality of the policies
that often and can be taken by the state. For example, the policy adopted by the state law has
always contained a hidden conception of the notion of the good life. Sharper longer, his critics (ie,
communitarian groups, represented by figures such as William Galston, Michael Sandel, and
Benjamin Barber) do not trust the liberal claim that civil society has the ability to direct himself,
stating, as once noted by Alexis de Tocqueville also that the encouragement of civil society itself that
may inhibit the formation of civil associations. There is a tendency within civil society itself-for
example in the form of economic centralization, monopoly media, imposition of special interests,
and organized political party - limiting the range of possibilities that can be given to individuals. It is
clear that a number of objectives (ends) are not freely chosen by individuals, but rather 'terberikan'
(given) or forced to put in place by the narrowness of opportunity or lack of opportunity.

What links the above description with Pancasila state? Does Pancasila State in accordance with one
approach and other approaches should be rejected? Is democracy itself in the country who called
Pancasila? and how the Pancasila state must balance the government by the majority and respect
for minorities?

1.2 Problems

A. What is Democracy?

2. What are the forms of democracy?

3. How Democracy in Indonesia?

1.3 The purpose of Writing
To know the purpose of a detailed understanding of democracy.
To know more democratic forms of depth.
To find out democracy in Indonesia mainly the development of democracy in Indonesia.

1.4 Method of Writing

In the manufacture of this paper, we use the method library insights from the literature and
discussion groups.

A. Definition of Democracy

The term democracy comes from the Greek, Demos and Kratos. Demos means people and kratos
meaning rule. Thus, democracy means government rakyat.Istilah democracy was first introduced by
Aristotle as a form of government which outlines the power in the hands of the people. Ignorance of
the meaning of democracy as an order, obey the rules, and laws are understood by most people, so
many people who act the vigilante. Because of its essential terms, democracy
provide direction for the role of community organizations to hold the highest in the country. Here is
some sense of democracy, according to some figures;

a. According to the International Commission of Jurits
Democracy is a form of government by which the supreme power in the hands rakyar people and
run directly by them or by representatives of their choice under a free electoral system. So, that
democracy is a priority in the government of the people.

b. According to Lincoln
Democracy is government of the people, by the people, and for the people (government of the
people, by the people, and for the people).

c. According to Strong C.F
A system of government where the majority of adult members of the political community to
participate on the basis of a representative system that ensures that the government ultimately
accountable for the actions of the majority of it.

d. According to Noer
Democracy as a base to give the sense that the state lives at the
last people to give the provisions of the principal issues concerning
life, including the value of state policy, because policy is to determine people's lives. So democracy is
a country held by the will and the will of the people, or if the terms of the organization, it means a
State organization that carried out by the people themselves or the principle of popular consent for
sovereignty in the hands of the people.

e. By Henry B. Mayo
That the democratic political system is a system which shows that
Public policy is determined on the basis of a majority of representatives are monitored effectively by
the people in periodic elections based on the principle of political equality principle and held in an
atmosphere of political freedom terjaminya.

2. Forms of Democracy
According to Torres, democracy can be seen from two aspects:
-Formal Democracy
Referring to the democratic system of government in a sense. It can be seen in a variety of
implementation of democracy in various countries. In a democratic country can be applied for
example by applying a presidential system or parliamentary system.
Presidential system: a system that emphasizes the importance of direct presidential elections, so the
president-elect get rakyat.dalam mandate directly from this system of executive power (the power
of running the government) is entirely in the hands of the president. Hence the president is the chief
executive (head of government) and also became the head of state (head of state). AS a democratic
system is implemented in the United States and Indonesia. Parliamentary system: the system is
applying a unified model of the relationship between the executive and legislative powers. Chief
executive (head of government) is in the hands of a prime minister. The head of state (head of state)
is located on a queen, for example in the UK or others who are on a president for example in India.
3. Refers to how the democratic process is carried out.

A. Liberal Representative Democracy
Principles of democracy based on a philosophy of state that human beings are free individuals.
Therefore, in this democratic system of individual freedom as the fundamental basis of democracy.
Thinking about democracy as developed by Hobbes, Locke and Rousseau that the state formed by
the clash of interests in community life as they live in a natural state. As a result of suppression
among each other. Therefore, individuals in a society that lived together form an alliance called the
State, in order to protect the interests of individual rights dam in the life of the State. On the basis of
interest in reality this power comes the money sometimes leads to the direction of authoritarianism.
Based on the fact that such a dilemma, then comes the thought of liberal representative democracy
towards life, and this is often known by the liberal democrats. Individuals in a State in its
participation is channeled through the elected representatives through the democratic process.
According to Held, that the liberal representative democracy is an essential institutional reforms to
address the problem of forcing keseimmbangan between power and freedom. However
perludisadari that the principle of democracy is being developed through institutional apaun
senaantiasa State is a manifestation of the protection and guarantee of individual freedom in a state
of life. The people must be given guarantees of individual freedom both in political life, economic,
social, religious, even anti-religious freedom. The consequences of the implementation of the
system and democratic principles is growing competition beba, especially in the economic life so as a
result of individuals who are unable to face the competition will be enggelam. As a result the power
of capitalists who controlled the life of the State, even the various policies in the country is largely
determined by the capitalist powers.

2. The Democratic Party and Communism
Democracy one party usually held in communist countries such as
Russia, China, Vietnam, and others. Formal freedom based on liberal democracy
classes will result in an increasingly wide gap in the community, and
finally mastered the capitalist State.

4. Democracy in Indonesia
A. Development of democracy in Indonesia
Democratic developments in Indonesia can be divided into four periods:

a) The period of 1945-1959, a period of parliamentary democracy which mononjolkan role of
parliaments and parties. At this time the weakness of parliamentary democracy provides an
opportunity for the dominance of political parties and parliament. As a result, the union raised
during the struggle against the common enemy becomes loose and can not be the construction of
power after independence.

b) The period of 1959-1965, a period of Guided Democracy which in many aspects has deviated from
the constitutional demokarasi and more showing some aspects of people's democracy. This period is
characterized by the dominance of the president, the limited political role, the development of
communist influence, and the role of armed forces as an element sosialpolitik, more widespread.
c) The period of 1966-1998, the New Order Pancasila democracy which is a presidential system of
democracy that feature. Formal foundation of this period is the Pancasila, the 1945 Constitution and
statutes MPRS / MPR in order to realign the diversion of the 1945 Constitution, which occurred
during guided democracy. It is because of the dominance of the president's role at this time, the
name of Pancasila is only used as a political legitimacy of the ruler at the time, because in fact
carried out not in accordance with the values of Pancasila

d) The period 1999-present, the reform era with Pancasila democracy rooted forces that seek to
restore multi-party primbangan power between state institutions, among the executive, legislative
and judicial branches. At this time re-prominent role of political parties, thus obtaining a new breath
of a democratic climate. If the essence of democracy is that power in the hands of the people, the
practice of democratic elections takkala so, but after the elections in implementing many policies are
not based on the interests of the people, but more towards the division of the interests of the
people, but more towards the division of powers between the president and political parties in
House of Representatives. In other words democratic model of today's era of reform, not based on
social justice for the people of Indonesia.

2. Understanding Democracy in the 1945

a) Seminar Army II (August 1966)

1) Political and Constitutional

Democratic Indonesia as defined in the Act of 1945 means to re-enforce the principles of state law in
which legal certainty is felt by all citizens, human rights both in terms of the collective and individual
aspects are guaranteed, and abuse of power can be avoided Institutional. In this framework need to
be arranged so that the institutions and functioning of the New Order is released from his personal
ties and more diperlembagakan.

2) for the Economy

Economic democracy in accordance with the principles that animate the economic provisions of the
1945 Constitution, which in principle means of living for all citizens, among others, include:

* Supervision by the people against the use of state property and financial
* Cooperative
* The recognition of individual property rights and the rule of law in its use
* The role of government that is coaching, the guide and protector.

b) National Conference Persahi III: The Rule Of Low (December 1966)

- The principle of Pancasila state law contains principles:

- Recognition and protection of human rights in the equation containing the political, social,
economic, cultural and educational.

- Courts are independent and impartial tribunal, is not affected by sesuatukekuasaan / any force

- Guarantee legal certainty in the matter. The meaning of the rule of law is a guarantee that the
provisions of the law can be understood, workable and secure it into practice

c) Symposium on Human rights (June 1967)

There is also the title of which will be given to our democracy, then democracy must be a
responsible democracy, that democracy is animated by a sense of responsibility to God and our
fellow. Related to our obligation in the years that will come to develop "a rapidly expanding
economy" is in addition to a strong and authoritative government. Persoalanpersoalan human rights
in the life of the party for the coming years should be reviewed in the context of our obligation to
achieve a reasonable balance between three things.

1) The Government has sufficient power and authority

2) The existence of freedom as much as possible

3) The need to foster a "rapidly expanding economy" (the rapid economic development).

3. Democracy Post-Reform

Necessary to take an essential understanding of democracy is applied in a country included in the
state of Indonesia. In a country that adheres to the democratic system should be based on a popular
sovereignty. In other words, the highest authority in a country is in the hands of the people. Based
on the nature of the essence pengertiaan the rule of people is related to both the delivery of state
and government. Therefore, the state government power in the hands of the people contained idea
of the real three things:

* The government of the people (government of the people)
* Government by the people (government by people)
* Government to the people (government for people)

The opening of the 1945 law has a notch preformance as 'staatsfundamentalnorm', therefore it is a
source of positive law in the Republic of Indonesia. Then the principle of democracy in the countries
listed in the opening of the slain Indonesia is also based on the basic philosophy of Pancasila state
sila-4 to the populist, who is also listed in the 1945 opening. Understanding the meaning of 'guided
by the wisdom in the deliberations of a representative' we mean that in the exercise of democracy in
Indonesia was based on moral wisdom embodied in the precepts Saan Belief in God Almighty and
Humanities Fair and Beradan. Besides the basic exercise of democracy in Indonesia is also explicitly
stated in the 1945 Constitution, article 1, paragraph (2). The principle of democracy is also explicitly
described in the amended 1945 Constitution to embody the power of determining sisitem
governments directly, namely the people directly involved in choosing a president and vice president
of Article 6A paragraph (1). Democratic system in the administration of the State of Indonesia is also
diwujutkan in the determination of state power, ie by defining and separating the executive power
neighbor with Article 4 to Article 16, Article 19 of the legislative and judicial branches to section 22
of article 24 of the 1945 Constitution.

Governance structure based on the 1945 Indonesia

1) Democracy Indonesia as described in Act 2002 of 1945 results Amandemmen Democracy in
Indonesia as stipulated in the 1945 but recognized the right of freedom and equality while
recognizing differences as well as Indonesia and the variety adalh 'Unity in Diversity'. In general,
within the democratic system of governance which always contain elements of the most important
and fundamental, namely:

* The involvement of citizens preformance political decision making.
* The level of equality among citizens of a particular
* The level of certain liberties are recognized and used by citizens.
* A system of representation
* An electoral system meyoritas power.

Berdasrkan these elements contain the hallmark of democracy which is the benchmark that any
systematic idea of democracy is that citizens should be involved in certain matters in the field of
making political decisions, either directly or indirectly through representatives of their choice. Other
traits that should not be overlooked is the involvement or participation of citizens, either directly or
indirectly in the process of state government. Democratic system, we will always determine the
Supra and Infra Structure Political Structure of Politics as a supporting component of the
establishment of democracy. For certain countries still

found that state agencies, such as country of Indonesia under the 1945 system. State institutions are
the Assembly, the Parliament, President, MA, CPC. INFA The political structure of a country consists
of five components is a political party, class (which is not based on elections), pressure groups,
political communication tool, political figures.

Both the Supra and Infra Structure Political Structure Political contained in the constitutional system
of each influence each other and have the ability to control the other party. Thus in a democratic
system of decision-making process of political wisdom or a dynamic balance between the
government and active participation prekarsa or citizens. People's participation in the 1945
Constitution formulated by the founders stated that "sovereignty in the hands of the people"
contained in Article 1 paragraph (2) of the 1945 Constitution.

2) Translation of the 1945 Democracy in Indonesia in a systematic constitutional amendment Passca

Based on the characteristic system of democracy is the translation of democracy in Indonesia can be
found in ketatanegara concept of democracy as contained in the 1945 Constitution as a
'staatsfundamentalnorm'. Further explanation of the 1945 Constitution in a favorable system of
Roman numerals III pemetintahan State described "Sovereignty of the People". Formulation of
sovereignty in the hands of the people shows that it is the people of the highest standing and most
central. The people are the origin of state power and state power as a goal. Therefore "the people"
is a central paradigm of state power. The structural details of the provisions relating to democracy
under the 1945 Constitution are as follows

a) Concept of Power

The concept of State power by democracy as contained in the 1945
as follows:

a. People's power in the hands

* Preamble paragraph IV
* Big Idea in the Preamble of the 1945
* Constitution of 1945 Article 1 paragraph (1)
* Constitution of 1945 Article 1, Paragraph (2)

Under these provisions can be concluded that in the Republic of Indonesia holds the highest
authority or sovereignty is in the hands of the people and the realization set in the Constitution of
the State. Prior to the amendments made by the supreme People's Consultative Assembly

b. Power-sharing

As was explained that the supreme power is in the hands of the people, and carried munurut
Constitution, therefore the division of powers under democracy as contained in the 1945 are as

* Executive powers, delegated to the President (Article 4 paragraph (1) of the 1945 Constitution)
* Legislative Powers, delegated to the President and the Parliament and the Council (Article 5,
paragraph 2, Article 19 and Article 22 C of the 1945 Constitution).
* Judicial powers, delegated to Makhamah Court (article 24 paragraph 1 of the 1945 Constitution)
* Power Inspektif, or supervision is delegated to the State Audit Board (BPK) and the House of
Representatives (DPR). It is contained in the 1945 Constitution, article 20 paragraph 1
* In the 1945 amendments did not have consultative powers, which the Constitution
lama.Didelegasikan the Supreme Advisory Council (DPA), (Article 16 1945) The mechanism of such
delegation of power is in the realm of constitutional law and political science known as' Distribution
of Power 'which is an essential element of democracy.
c. Limitation of power
Limitation of power according to the 1945 concept, can be viewed through a process or mechanism
of 5-year rule in the 1945 Constitution as follows
* Article 1 paragraph 2 of the 1945 Constitution, the political sovereignty of the people through
elections held to form the MPR and DPR once every 5 years
* People's Consultative Assembly has the power to make changes to the constitution, inaugurating
the president and vice president, and to conduct impeachment against the president if that violates
the constitution
* A paragraph 1 of Article 20
* People re-election held after forming the MPR and DPR

b) The concept of Decision Making Decision Making in the 1945 detailed as follows
* Explanation of the 1945 Constitution of the Third Principal
* Decision of the People's Consultative Assembly established by majority vote, eg, paragraph 7 of
Article 7B
The provisions of the above contain subject matter that the concept of shared decision-making
constitutional law in Indonesia is based on:
* The decision was based on a consensus as a principle, meaning that all decisions taken so far may
be arranged with deliberation to reach consensus
* However, if that were not reached, the decision was made possible through a majority vote

c) The concept of Supervision
The concept of supervision according to the 1945 Constitution defined as follows:
* Article 1, paragraph 2, but the people have the ultimate power held and distributed by the
Constitution. Unlike the old Constitution before the amendment, the Assembly has the ultimate
power as the embodiment of popular power. Then according to the amended Constitution MPR his
power is limited, which include the president and vice president and dismiss the president according
to his term or if violated the Constitution.
* Article 2, paragraph 1, the People's Consultative Assembly made up of the DPR and DPD. Under
these provisions it is according to the 1945 amendments to the Assembly just elected through
general elections.
* Explanation of the 1945 Under the terms of a favorable DPR tesebut the concept of democratic
supervision according to the 1945 Indonesia as listed in essence is as follows:
* Performed by all citizens. Because the constitutional system of power in Indonesia is in the hands
of the people
* Formally keatanegara supervision is at the House of Representatives

d) The concept of participation
The concept of participation according to the 1945 Constitution is Article 27, paragraph 1, article 28,
article 30 paragraph 1. Under the provisions as contained in the 1945 Constitution concerning the
participation of all aspects of the concept of statehood and civic life and participation is open to all
Indonesian citizens. Democratic Indonesia as stipulated in the 1945 with description contains a sense
that people are the central element, therefore itupembinaan and its development should be
supported by a good orientation on the universal values of the rationalization of law and the
legislation must also be supported by societal norms that guidance and a growing desire in society.
Tercantuh Indonesia as a democratic system in the 1945 Constitution which contains only the basics
are always waged memungkenkan for reform in accordance with the development aspirations of the
people, because people are a supporter of state power. For example, in the days of the Old Order
we adopt multi-party, then the New Order system of two parties and one class of work, and today's
era of reform, multi-party dikebangkan return actually provides for freedom of association and
assembly in accordance with the law....

To top