JOURNAL

RUNNING OF DEMOCRACY QUALITY IN ELECTION 2019 IN INDONESIA

In fulfilling duties

Communication Ethics and Legislation

Disusun oleh:

Ani Purwantini ( E022181007 )

Dian Marsyah Fabianti ( E022181011 )

PROGRAM STUDI MAGISTER ILMU KOMUNIKASI

UNIVERSITAS HASANUDDIN
MAKASSAR
2019

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Abstract

Democracy is an integral part of Indonesian national life. Democracy is also an

inseparable foundation of Indonesian political life. However, it has been a problem since the
advent of Democracy itself in Indonesia, that the democracy that took place in the lives of the
Indonesian people, especially in the present, has been very far from its essence. Especially in
its application in the 2019 simultaneous election, democracy can be said to have been very
forgotten. Arbitrary power and greed for office are fundamental reasons for the forgotten
nature of democracy. Elections have become very non-transparent, dishonest, unfair, and we
can say that they are very deviated from the objectives of the election, namely voicing
people's choices.

Keyword : Demokrasi, Pemilu 2019

A. Introduction

Democracy is a system of government created by humans in order to "free humanity"

from the tyranny and oppression of the rulers in the name of the state. Hatta's thinking about
the "management state" was the first original about the need for the distribution and
distribution of power within the country so that Indonesia, which was to be established, was a
democracy, not a "power conglomerate". Concerning democracy, Bung Karno and Bung
Hatta agreed that Indonesia which was being built was not based on individualism, but rather
the basis of the will of the people collectively (Syamsuddin Haris, 2014, p. 5). The idea of
democracy originated in Western countries, especially Britain, the United States, and France.
This term means the power of government by the people. The root of Western democracy is
understanding Liberalism. According to Anatole G. Mazour and John Peoples, liberalism is
not a simple understanding, the notion of this concept changes over time. Liberalism is a
movement that is primarily intended to protect individual freedom in issuing opinions,
religious freedom, and freedom in achieving economic opportunities. (Zulfikri Suleman,
2000).

In carrying out well in Indonesia democracy the people must first understand both the
principles of democracy. First, the owner of the country is the people. So that the power of
the people has the highest power. Therefore, the people have a high right to participate in
choosing people's highest authority. Second, people who represent the people who hold the

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highest status of the members of the legislature). Third, there must be no privilege to a person
or to a particular group or party. Fourth, there must be laws that regulate the organizational
structure of power in the country (Nadrilun 2002).

Henry B. Mayo noted that there are at least eight main characteristics that must be
considered to assess whether the community is democratic or not, first is, the existence of
peaceful and voluntary dispute resolution, second, there is a guarantee for peaceful change in
a changing society, third , there is a change of authority that takes place regularly, fourth,
there are restrictions on the use of minimum means of violence, fifth, the recognition and
respect for diversity, sixth, the guarantee of justice, seventh, efforts to advance science,
eighth, recognition and respect for freedom. Cartez and Hertz also conceptualized seven
characteristics of democracy, namely: first, restrictions on the actions of leaders on a regular
basis, orderly, peacefully, through effective means of people's representation, secondly,
respecting tolerance for opposing differences of opinion, third, guaranteeing equality in front
law which is manifested by submission to the rule of law without distinguishing political
position, fourth, the freedom of participation and opposition for political parties, social
organizations, communities and individuals, including the press and mass media, fifth,
respect for the right of the people to give their opinions however the right of the people to
give their opinions seems to be wrong and unpopular, sixth, respect for minority rights and
individuals, seventh, the use of persuasive and discursive methods rather than coercive and
repressive.
The system of democracy in Ancient Greece is a system of direct democracy (direct
democracy), which is a form of government where the right to make political decisions is
carried out directly by all citizens acting on the majority procedures (Ni'matul Huda & Imam
Nasef, 2017). Members of the legislature are elected based on the majority of the votes of the
people. The majority opinion according to democracy is an essential benchmark that will be
able to express the true opinion of the people.
Democracy gives meaning to freedom. According to the English philosopher, John
Locke:
…Kebebasan alami manusia ialah terbebas dari setiap kekuasaan duniawi (yang
lebih tinggi), tidak tunduk pada kemauan atau kekuasaan seorang manusia (raja), melainkan
sepenuhnya mengikuti aturan alami sebagai landasan hak-haknya. Kebebasan seorang
manusia dalam sebuah masyarakat tidak berbasis pada kekuasaan (orang) lain yang
dipaksakan berdasarkan keturunan, juga tidak pada kekuasaan dan keinginan atau
keterbatasan sebuah undang-undang selain yang diputuskan dalam parlemen yang bisa
dipercaya.“.

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 “... Human natural freedom is free from every (higher) worldly power, not subject to
the will or power of a human (king), but fully following natural rules as the basis of his
rights. The freedom of a human being in a society is not based on other (people) powers
imposed on the basis of descent, nor on the power and desires or limitations of a law other
than those decided in a trustworthy parliament. ".

The freedom that a person has naturally in a society means a person's freedom of
ownership socially, freedom related to thoughts and feelings in a society means freedom
through political autonomy and the right to democracy, freedom to possess goods guaranteed
in a society means freedom of autonomy for each person.

From the explanation above about democracy itself, it can be concluded that
democracy is a Western word and term used to indicate government from the people, by the
people, and for the people. The people who have absolute power and the owner of
sovereignty, so that the people can set their own affairs and carry out their own will. Rakat
who have the power mutulak, the people who have the right to set laws, and the people who
choose the ruler who will implement the law. Thus individual freedom in democracy has four
aspects, namely religious freedom, freedom of speech, freedom of ownership, and freedom of
behavior.

B. Democracy in Indonesia
According to Abraham Wahid, there are three main values in democracy, namely
freedom, justice and deliberation. The definition of freedom here is the freedom of the
individual before state power, or individual rights of citizens and collective rights of the
community. Both justice, are the cornerstones of democracy, in the sense of opening
opportunities to everyone and also means the economy or independence of the person
concerned to regulate his life according to what he wants. So the issue of justice is important
in the sense that a person has the right to determine the way of life, but that person must be
respected and given the opportunity and convenience to achieve it. Then justice is realized
when people do not get obstacles to express their ideals. The third democratic value is shura
(deliberation), meaning the form or way of maintaining freedom and fighting for justice
through deliberation.
Democracy adhered to in Indonesia, is democracy based on Pancasila, is still in the
stage of development and regarding its characteristics and characteristics there are various
interpretations and views. Two principles of democracy are listed in the 1945 Constitution
(Prof. Miriam Budiardjo, 1972):

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 I. Indonesia is a country based on law (Rechtsstaat). The Indonesian state is
based on law (Rechtsstaat), not based on mere power (Machtsstaat).
II. Constitutional system
Government based on the Constitutional System (Basic Law), not Absolutism
(unlimited power). Based on the two terms "Rechsstaat" and "constitutional
system", it is clear that democracy, which is the basis of the 1945 Constitution,
is constitutional democracy. In addition, the distinctive features of Indonesian
democracy, namely "popularism led by wisdom in representatives'
deliberations, are contained in the opening of the Constitution.

According to Law Number 7 of 2017 concerning chapter II elections Article 2

"Elections are carried out based on the principle of direct, general, free, confidential and fair".
Based on the principle of article 2, in article 3 the implementation must fulfill 11 principles:
(a) independent, (b) honest, (c) fair, (d) legal certainty, (e) orderly, (f) open, (g) proportional,
(h) professional, (i) accountable, (j) effective, and (k) efficient.

According to Henry B. Mayo, to implement democratic values, several institutions

need to be implemented, as follows: first, responsible government. second, a legislature
representing groups and interests in the community and those elected by free and confidential
elections and on the basis of at least two candidates for each seat. Third, a political
organization that includes one or more political parties. Fourth, the press and mass media are
free to express their opinions. Fifth, a justice system that is free to guarantee human rights
and maintain justice.

The number of emerging social organizations that aim to suppress government is a

sign of the beginning of the reform era. The phenomenon of civil society began to strengthen
and become a defender in balancing all forms of government policy so as not to harm the
people of all walks of life.

Democracy in Indonesia has been going on for a long time, even though the disability
in its implementation cannot be denied. In this journal we will try to discuss democratic
disabilities, especially those that occur in the 2019 simultaneous elections that have recently
been held in Indonesia. Various kinds of political issues that describe democratic defects have
occurred during the 2019 Election.

B. Discussion

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 Problems based on Law Number 7 of 2017

During the 1970s and 1980s more than 30 countries experienced a shift from an
authoritarian system towards a democratic system. There are several reasons that "are
responsible" for this transition wave. Economic development is a major factor in the
occurrence of political changes. in addition, the policies and roles played by the United
States, the main European powers, and international institutions helped accelerate the process
of democratization in Spain and Portugal, several Latin American countries, the Philippines,
South Korea and Eastern Europe. . Countries where Christian and Western influences are so
strong, are most successful in carrying out the democratization process, while in Latin
American countries, this is less successful (Samuel P. Huntington, 2012). Then then
democracy in Islamic countries is said to be mostly in a gloomy state, is it possible that this
causes democracy in Indonesia with a majority of its population to be Muslim, to be very
questionable into its "democratization"?

a. Human rights violations in the implementation of 2019 simultaneous elections

in Indonesia

In implementing democracy, it is known that every citizen has the same rights in
voicing his opinion and voice. Democracy does not look at ethnicity, religion, culture, and all
forms of diversity as a barrier in carrying out democracy itself. However, still freedom in the
context of democracy in Indonesia is still questionable. For example, in some cases, some
people have to end up in court because their words are about the regime that they think is not
what they should be. This reminds us of the Soeharto Regime, although it is not as tight as the
Soeharto era, this regime still feels dangerous for people who want to voice their opinions.

Like the phenomenon that occurred in the last few months, regarding the complexity
of democracy in Indonesia in the simultaneous elections in 2019, we can see many cases of
human rights violations (human rights) that often occur. For example, it is like the case of
Baswedan's novel which was drenched in alcohol which until now has not been revealed, also
the case of Ahmad Dhani's musicians which ended with the inclusion of Ahmad Dhani in
prison because of an insulting case against the Paslon 01 camp. recently passed, but it still
raises many questions. Like one of them, is this just a case that was "made up" just to silence
supporters against presidential candidate Joko Widodo who have the possibility to be
"heard"? remember Ahmad Dhani is a famous musician who is very easily highlighted by the
media? in fact there were many arrests of some individuals who dared to voice their opinions,

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especially support for opponents of presidential candidate Pak Joko Widodo, Pak Prabowo
Subianto, when compared to the arrests of people from Pak Joko Widodo's camp. In fact,
according to our observation, many of the President's strongholds committed similar
violations.

In this case, we did not try to support Prabowo Subianto's side as opposed to Joko
Widodo. We see subjectively that it is true, democracy in Indonesia today is far from its
essence. Direct elections which began in 2005 are considered by some as the greatest
momentum possessed by the people, because this political process takes place in an open,
direct, free, honest and fair manner, although in its journey it does not go according to
political reform agendas. This occurs because of the culture of client patrons in which groups
or individuals have a political dependence on certain ornaments or figures, so they are very
feudalistic (Saifuddin Al Mughniy, 2016). The 2019 election in our opinion has taken place
with many forgetting the values of democracy itself. Legal tendencies that favor the
incumbents and stakeholders are inevitable. In plain view, the sociological approach of
transactional culture increasingly appears on the surface by involving many entrepreneurs
involved in project tenders, making it very difficult to decide the practice of collusion in
political democracy itself (Saifuddin Al Mughniy, 2016).

According to us, the practice of patron clients is one of the contributing factors why
democratic values in the 2019 elections have faded and disappeared. Frauds are inevitable to
do, because there are many 'debts' that must be repaid which if they are not elected in the
election they will experience difficulties later.

The journey of democracy that is in line with the declaration of Human Rights in
1948 which explicitly indicates how human life in all countries and nations in the world is to
make humanistic values a mindset in order to build a civilization of democracy. Indeed,
democracy in its journey experiences ups and downs both in perspective and in the realm of
reality, but most importantly that democracy must be the universal problem of mankind
(Francis Fukuyama; The End of History).

Allegations of fraud were mostly directed at Paslon 01, Joko Widodo-Ma'ruf Amin
has also become a hot issue lately. The many facts that led to the accusation did not trigger
emotions from the Paslon 01 lackeys, even though the supporters of Paslon 02 had 'shouted'
at various communication media regarding the alleged fraud. The following are some

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statements from figures who play a role in elections related to fraud based on Law Number 7
of 2017 concerning election implementation:

"Fraud has been very structured, because it is carried out by state institutions that
have a systematic, systemic structure, because it is done systemically and massively, which
occurs in various regions throughout Indonesia and even abroad," Said Didu said.
(Suara.com)

"There are data found by BPN, various frauds that exist. I think, later it will be
explained what cheats existed before the H day, the day, and after the day," said Riza at the
Parliament Complex on Monday (13/5). / 2019). (Suara.com)

"Elections are now dishonest, unfair, not transparent" Hashim, Director of Media and
Communities of the Paslon 02 National Winning Body. (Kompas.com/22april2019)

With the issue of fraud in the 2019 Election, it directly implies to us that democracy in
Indonesia is not in good condition.

b. Media Politics on the Role of Media in Democracy.

One of the values of democracy according to Henry B. Mayo is the press and mass
media that are free to express opinions. The media is one of the most influential pillars of
democracy in the implementation of elections in 2019. It is undeniable that the media has a
big role in every aspect of survival. One of them is in the aspect of democracy. The media
should preach information or issues without taking sides. But in fact, it is no longer a secret
that the media in the present will favor the owners of interest, the owners of power, and the
owners of capital. We also consider the media to take part in the destruction of democracy,
especially in this 2019 election. The tendency of the media to side with one Paslon, which
when examined further that the Paslon does have a connection to the owner of the media,
becomes a scourge which then makes reporting in the media, especially television becomes
unbalanced. We take the example of such news on the mayday commemoration held at the
Indoor Senayan, Jakarta, Prabowo, who in his speech stated "Many TV's? Will not be aired
later. The media are careful we record your behavior one day," (okezone.com/ may 1 2019 )
Likewise with the 212 event where only one television media broadcast the grand event. That
way, we assume that the media which is one of the pillars of democracy today has a negative
impact, namely damaging the democratic system.

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 c. Politics of Identity

Identity politics also become one of the issues that consciously or not tarnish the
essence of democracy. The existence of selogan like, "Putting down TPS" is one of the things
debated in one of the news broadcasts on MetroTV. This was accused of being a campaign in
a period of calm. In the context of modern Indonesian politics, identity politics increasingly
surfaces by promoting ethnicity, primordialism, ethnicity, religion, culture, an equation that
seems to be used as a political tagline to gain sympathy from voters. This certainly must take
into account existing democratic values. (Saifuddin Al Mughniy, 2016)

Regarding identity politics, each of Paslon 01 and 02 also tends to carry out this
identity politics. Their tendency to approach Indonesian Ulama for the sake of imagery is
thought to side with Islam, also actually eroding Indonesian democracy. Seeing in democracy,
we do not depend on religion, but on the good of all people.

The slogan 'Putting TPS' used by supporters of the candidate pair 01, which intends to
order its supporters to wear white and white clothes during election day is wrong identity
politics in a calm period which later becomes one of the defects found in this 2019 Election
democratic party. And in fact they were political figures from the Paslon 01 camp who
considered it an ordinary matter. In our opinion, they have violated the values of various fish
tuggles in Indonesia.

Then came the monistic sovereignty theories, namely the sovereignty theory to
support the understanding of the state with absolute power. The essence of this concept is that
state power is the highest and unlimited power and can impose its commands. This concept
raises arbitrary actions from the king in the form of oppression of human rights, so that it gets
a reaction and challenges from a pluralist political stream which denies the highest and
unlimited power of the state (the state's ruler). This is what now seems to be happening in the
Indonesian political world, where the supporters of Paslon 01, which is actually the president
in office, are perceived as arbitrary towards the supporters of the Paslon camp 02. The
tendency of legal institutions in Indonesia to tend to be unbalanced in prosecuting most
supporters of the Paslon 02 camp rather than supporters of the Paslon 01 camp who also
made many mistakes during the campaign period, supported the existence of these monistic
sovereignty theories.

d. Discrimination Democracy

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 The current system of democracy is not in accordance with the rules of democracy.
The people's sovereignty system based on Pancasila and based on the 1945 Constitution does
not reflect the true democratic system. The collapse of the democratic system made the
middle-lower people increasingly oppressed, the people who voiced their rights were
persecuted as in many events that were reported in the mass media. One of them was in the
open campaign of the candidate pair 02 Prabowo - Sandi, two supporters of the 02 stronghold
were subjected to mistreatment with the perpetrators removing softgun water guns and
shooting up on the victim's left shoulder (pojoksatu.id/ April 9 2019).

Democracy which is said to be based on freedom also shows the deterioration of the
democratic system itself, that democracy today does not respect tolerance for opposing
differences of opinion. As in the case of discrimination against clerics or religious leaders,
here we do not intend to support or be fanatical about one religion, but we convey this
incident in accordance with the data and facts that make this democracy retreat. There have
been many supporters of candidate pair 02 "who already have a name" and have strong
influence in the public, even organizations have experienced discrimination. Some figures
such as Eggi Sudjana, Ustadz Bachtiar Nasir, Ustadh Haikal Hasan, Lies Sungkharisma,
Kivlan Zein, and Permadi were reported to the authorities with various accusations
(eramuslim.com/ May 15, 2019), as well as several other community organizations that only
defend and voice rights accused of treason and even discriminated against by the authorities.
That is a democratic system, a habitat for religious dissenters, insulters of scholars and
sycophobic hypocrites and rulers.

We can conclude that democracy in the 2019 simultaneous election is the most
destroyed electoral democracy in the history of democracy in Indonesia. The negative impact
of the chaotic democracy in the simultaneous elections in 2019 is very much, one of which is
the death of over 500 KPPS supervisors while on duty and resting tasks, which are spread
throughout Indonesia. This was triggered by the issue of fraud in the vote count.

C. Solution

If the democratic system in Indonesia continues as it is now, where democracy does

not work according to its ideals in the 1945 Constitution, people's sovereignty is no longer a
priority, and if people are limited in voicing their opinions, democracy will truly die from its
essence. This does not rule out the possibility of abuse occurring in the government process

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in Indonesia. And of course it will be detrimental to the people of the lower classes. The
statement of the 2nd American President, John Adams, "remember, democracy will not last
long. He will soon be wasted, weakened and kill himself, democracy will surely commit
suicide. Democracy will soon deteriorate into anarchy.

Seeing the loss of essence in democratic values and in practice, we see the need for
the best attention and supervision in the practice of democracy in Indonesia. Democracy as
guarantor of people's sovereignty is a right for every Indonesian citizen. Every human being
has the right to voice opinions without feeling anxious if their opinions conflict with the
current regime. Therefore, the democratic system in Indonesia must be properly addressed by
the authorities. The community must also know their rights and obligations so that we can
avoid major conflicts, such as civil war that might occur if democracy continues as it is today.

Since democracy is closely related to human rights, it is very important if democracy

is in accordance with its nature. Because democracy is also a sign of the birth of the reform
era. Disability in the practice of democracy, especially in the simultaneous elections of 2019
recently, should be an evaluation material for both incumbents and stakeholders, as well as
the community from all walks of life, which must be revised massively. It is our hope that
someday democracy can truly run according to its nature, all levels of society can use their
rights and obligations as they should, and all forms of fraud that occur must be dealt with as
applicable laws so that fraud is no longer repeated. Refer to the Rule of Law elements
according to A.V. Dicey is as follows:

a. supremacy of legal rules (the absolute supremacy of predominance of regular law);

b. equal position before the law (equality before the law, or the equal subjection of all
ordinary classes of land administered by ordinary law courts);

c. guarantee of human rights (a formula expressing the fact that with us the law of
constitution, the rules wich in foreign countries naturally form parts of a constitutional
code, are not the source but the consequense of the rights of individuals as defined and
enforced by the countries);

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Daftar pustaka
Al Mughniy, Saifuddin, Politik tanpa Identitas, Yogyakarta: Penerbit dan Percetakan Sunrise,
2016.

Budiardjo, Miriam, Dasar-dasar Ilmu Politik, PT. Dian Rakyat, Jakarta. 1972.

Gombert, Tobias, dkk, Landasan Sosial Demokrasi, 1998.

Haris, Syamsuddin, Masalah-Masalah Demokrasi dan Kebangsaan Era Reformasi, Yayasan

Pustaka Obor, Jakarta. 2014.

Huntington, Samuel P., Benturan Antar Peradaban dan Masa Depan Politik Dunia, Penerbit
Qalam, Jakarta. 2012.

Moh. Mahfud MD, Penataan Demokrasi & Pemilu di Indonesia Pasca Reformasi,
Perpustakaan Nasional: Katalog dalam Terbitan, Kencana. 2017.

Nadrilium, Mengenal Lebih Dekat Demokrasi di Indonesia, PT. Balai Pustaka, Jakarta Timur.
2012.

Sulaiman, Zulfikri, Demokrasi untuk Indonesia (Pemikiran Politik Bung Hatta), PT. Kompas
Media Nusantara, jakarta. 2010.

Tim Redaksi BIP, Undang-Undang Pemilu 2019 Berdasarkan Undang-undang Nomor 7

Tahun 2017 Tentang Pemilihan Umum, Penerbit Bhuana Ilmu Populer, jakarta. 2018.

Internet Source:

Kompas.com

Okezone.com

Suara.com

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