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PELAKSANAAN PEMILIHAN UMUM DI INDONESIA

PELAKSANAAN PEMILIHAN UMUM DI INDONESIA

 

 

Penyelenggaraan Pemilihan Umum (Pemilu) di Indonesia pada hakekatnya merupakan konkritisasi dari perwujudan KEDAULATAN RAKYAT  dalam rangka partisipasi politik untuk penyelenggaraan pemerintahan negara. Secara tegas (explicit) ketentuan pasal 1 ayat (2) Undang – Undang Dasar 1945 menyebutkan,”Kedaulatan berada di tangan rakyat dan dilaksanakan menurut Undang – Undang Dasar”. Penggunaan hak pilih (aktif) oleh setiap warga negara Indonesia untuk memilih  anggota – anggota Dewan Perwakilan Rakyat (DPR), Dewan Perwakilan Daerah (DPD), Presiden dan Wakil Presiden, serta Dewan Perwakilan Rakyat Daerah (DPRD) juga sebagai aplikasi hak politik warga negara, sebagaimana ditentukan dalam pasal 28 Undang – Undang Dasar 1945 yang berbunyi, ”Kemerdekaan berserikat dan berkumpul, mengeluarkan pikiran dengan lisan dan tulisan dan sebagainya ditetapkan dengan undang – undang”. Kemerdekaan atau kebebasan mengeluarkan pikiran / menyatakan pendapat merupakan pilar mendasar dalam pemerintahan yang demokratis, dan dianggap sebagai asas fundamental dalam pemilihan umum.

Demokrasi yang dianut di Indonesia adalah Demokrasi Pancasila yang mencakup prinsip – prinsip pokok DEMOKRASI KONSTITUSIONAL   berdasarkan rule of law. Pelaksanaan Pemilihan Umum yang bebas untuk mengakomodir hak – hak politik masyarakat, merupakan salah satu syarat utama pemerintahan yang demokratis berdasarkan rule of law. Secara lengkap dan tegas (implicit),   dalam South – East Asian Conference of Jurists yang diselenggarakan di Bangkok pada tanggal 15 – 19 Pebruari 1965, menyebutkan syarat – syarat dasar untuk terselenggaranya   pemerintahan yang demokratis dibawah rule of law, sebagai berikut:

1)  Perlindungan konstitusionil, dalam arti bahwa konstitusi, selain dari menjamin hak – hak individu, harus menentukan pula cara proseduril untuk memperoleh perlindungan atas hak – hak yang dijamin.

2)  Badan kehakiman yang bebas dan tidak memihak (independent and impartial tribunals).

3)  Pemilihan umum yang bebas.

4)  Kebebasan untuk menyatakan pendapat.

5)  Kebebasan untuk berserikat / berorganisasi dan beroposisi.

6)  Pendidikan kewarganegaraan (civic education)[1].

Meskipun penggunaan hak pilih (hak suara) dalam suatu pemilihan umum adalah hak subyektif warga negara (masyarakat /rakyat) yang telah memenuhi syarat untuk memilih,  akan tetapi dari aspek kepentingan negara dan bangsa  maka dapat dianggap bahwa penggunaan hak pilih/hak suara warga negara dalam pemilihan umum, pada hakekatnya adalah sebagai bentuk tanggung jawab untuk berpartisipasi dalam penyelenggaraan pemerintahan. Melalui proses pemilihan umum, rakyat (warga negara) menyerahkan kekuasaannya/kedaulatannya kepada pemerintah (dalam arti luas yang mencakup Presiden beserta pembantu – pembantunya yaitu para menteri, serta parlemen baik di tingkat pusat maupun daerah) untuk mengelola/mengurus organisasi yang dinamakan NEGARA. Negara sebagai asosiasi  rakyat  mempunyai tujuan akhir yaitu menciptakan kebahagiaan bagi rakyatnya (bonum publicum, common good, common well).

Ketentuan mengenai keiikutsertaan setiap warga negara yang telah memenuhi syarat untuk memilih dalam pemilihan umum, tidak semata – mata dianggap sebagai hak yang memiliki pengertian boleh dilaksanakan atau tidak dilaksanakan. Tetapi, ketentuan mengenai partisipasi warga negara  dalam pemilihan umum harus dilihat sebagai wujud tanggung jawabnya sebagai pemegang kedaulatan rakyat, terhadap bangsa dan negara. Sehingga peranan setiap warga negara  dalam pemilihan umum dengan menggunakan hak pilih/hak suaranya merupakan fenomena sosial – politik yang sangat urgent dibahas secara sosiologis berkaitan dengan pelaksanaan pemilihan umum di Indonesia.

Pembahasan fenomena sosiologis atas peranan Warga Negara (masyarakat) untuk menggunakan HAK PILIH dalam PEMILIHAN UMUM, seyogyanya  didasarkan pada:

ad.1. Fakta Yuridis (das sollen), yang meliputi:

–     Pasal 1 ayat (2) Undang – Undang Dasar 1945, yang berbunyi: Kedaulatan adalah ditangan rakyat dan dilaksanakan menurut undang – undang”.

–     Pasal  22 E ayat (1)  Undang – Undang Dasar 1945, yang berbunyi: “Pemilihan umum dilaksanakan secara langsung, umum, bebas, rahasia, jujur, dan adil setiap lima tahun sekali”.

–     Pasal 1 angka (1) Undang – Undang Nomor 15 Tahun 2011 Tentang Penyelenggara Pemilihan Umum, yang berbunyi: ““Pemilihan Umum, selanjutnya disebut Pemilu, adalah sarana pelaksanaan kedaulatan rakyat, yang dilaksanakan secara langsung, umum, bebas, rahasia, jujur, dan adil dalam Negara Kesatuan Republik Indonesia berdasarkan Pancasila dan Undang – Undang Dasar  Negara Republik Indonesia Tahun 1945”.

–     Pasal 1 angka (1) Undang – Undang Nomor 8 Tahun 2012 Tentang Pemilihan Umum Anggota Dewan Perwakilan Rakyat, Dewan Perwakilan Daerah, Dan Dewan Perwakilan Rakyat Daerah, yang berbunyi: “Pemilihan Umum, selanjutnya disebut Pemilu, adalah sarana pelaksanaan kedaulatan rakyat, yang dilaksanakan secara langsung, umum, bebas, rahasia, jujur, dan adil dalam Negara Kesatuan Republik Indonesia berdasarkan Pancasila dan Undang – Undang Dasar  Negara Republik Indonesia Tahun 1945”.

–     Pasal 1 angka (1) Undang – Undang Nomor 42 Tahun 2008 Tentang Pemilihan Umum Presiden dan Wakil Presiden, yang berbunyi: “Pemilihan Umum Presiden dan Wakil Presiden, selanjutnya disebut Pemilu Presiden dan Wakil Presiden, adalah pemilihan umum untuk memilih Presiden dan Wakil Presiden dalam Negara Kesatuan Republik Indonesia berdasarkan Pancasila dan Undang – Undang Dasar Negara Republik Indonesia  Tahun 1945”.

ad.2. Fakta Riil (das sein), yaitu masih banyak warga negara Indonesia sebagai pemegang kedaulatan rakyat, tidak menggunakan hak pilihnya dalam Pemilihan Umum di Indonsia.

About Author: Appe Hamonangan Hutauruk

Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "Law Firm Appe Hamonangan Hutauruk & Associates" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA). youtube.com/c/BeritaHukumKebijakanPublik

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