Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia

Research Article

General Elections in Indonesia : Between Human Rights and Constitutional Rights

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  • @INPROCEEDINGS{10.4108/eai.1-7-2020.2303622,
        author={Fitria  Esfandiari and Nur Putri Hidayah},
        title={General Elections in Indonesia : Between Human Rights and Constitutional Rights},
        proceedings={Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICILS},
        year={2021},
        month={1},
        keywords={human right constitutional rights citizen general election},
        doi={10.4108/eai.1-7-2020.2303622}
    }
    
  • Fitria Esfandiari
    Nur Putri Hidayah
    Year: 2021
    General Elections in Indonesia : Between Human Rights and Constitutional Rights
    ICILS
    EAI
    DOI: 10.4108/eai.1-7-2020.2303622
Fitria Esfandiari1,*, Nur Putri Hidayah1
  • 1: Faculty of Law University of Muhammadiyah Malang, Indonesia
*Contact email: fitesfan@umm.ac.id

Abstract

General elections are part of human rights. Also element of realizing the democratic ideals of the Indonesian people as mandated in the Opening of the 1945 Constitution of the Republic of Indonesia. This study aims to analyze the fundamental rights of citizens who have been guaranteed by the constitution or ordinary referred to as constitutional rights, especially in general elections. This study uses a doctrinal legal approach (normative). The primary legal material includes Law Number 12 of 2011 concerning the Establishment of Legislation, Law Number 39 of 1999 concerning Human Rights, Law Number 7 of 2017 concerning General Elections. Based on the analysis and discussion of the problem can be stated the results of this study, namely: First, the conception of state fulfillment of the constitutional rights of its citizens is the responsibility of the state, so that the neglect means denial of the constitution. Second, the relationship of political parties as a means of politics is the embodiment of fundamental rights based on the constitution, which are a part of human rights in general.