Democracy in Indonesia

Composed By :

Fanny Nadia (135010101111111)

Annisa Lintang H (135010107111075)
Ryela Ria P (135010107111028)
Mutmainah Septiani (135010101111161)

Faculty of Law
University of Brawijaya
 March 2014
CHAPTER I

INTRODUCTION

Democracy is derived from two words that refer to the system of government
Ancient Greece called Demokratia of "demos" and "kratos" or "kratein" which is
literally "demos" means people and "kratein" means government . Democracy
implies political power or government run by the people, of the people, and for the
people.

Can not be denied that the principle and system of democracy is the best
political system in the state administration. A study report sponsored by one of the
organs of the UN, the UNESCO, in the early 1950s said that no response is reject
democracy as the foundation and the system most appropriate and ideal for all
modern political organizations and organizations.1

Democracy itself is a very broad scope. Substantially, democracy will not

work effectively without the development of the internal organization of the party,
government agencies and community associations. Preservation of democracy
requires that the people agree with the meaning of democracy will understand the
workings of democracy and its usefulness to their lives. Strong democracy rooted in
the will of the people and aims to achieve a common good.2

Robert A. Dahl gave six criteria on democracy , namely :

1. Officials elected by the people

2. Elections are free , fair , and sustainable
3. Freedom of expression
4. Wide-open access to information
5. Freedom of association
6. Inclusive citizenship

Problems that have not reached the meeting point around the debate about
democracy is how to implement it in the practice. Various countries have set their

1 Ni’matul Huda. Hukum Tata Negara Indonesia. PT RajaGrafindo Persada. Jakarta. Page. 259
2 Munthoha. Demokrasi dan Negara Hukum: Jurnal Hukum no.3 vo. 16. Universitas Islam Indonesia.
Yogyakarta
own track in implementing democracy. Identification of democratic phenomenon
have concluded that democracy can be divided into two, namely democracy
normative and empirical democratic. Summary of Democracy normative concerns or
ideas about the ideals of democracy lies in the nature of philosophy, while
democracy is the empirical implementation in the field is not always parallel with the
normative notion. There are other terms that refer to other terms refer to the
democratic normative and empirical, and that is the essence of democracy as a
performance in law is a term often used and das sein and das sollen.3

A democratic country should have 3 main understanding covering the nature,

process, and purpose of democracy. Democracy is a system that shows that public
policy is determined on the basis of a majority of representatives are effectively
based on the principle of political equality and held in an atmosphere of a
guaranteed political freedom which in other words means that the democratic
system of government that is formed through elections to set up a life together based
on the rule of law in favor of the people.

Choices of using the democracy system have consequences for democratic

state that must be considered, which gives an opportunity to the people as citizens to
exercise their rights and obligations in state politics. Democracy should give an
opportunity to the people for effective participation, equality in voting, getting clear
understanding, and to supervise the end of the agenda. Consequences of
democracy will provide a common standard in view of a country as a democracy.

Reviewed more deeply about the meaning of democracy is government by

way of and on behalf of himself. Additionally, included in the definition of democracy
is way state government called "autocratie" or "oligarchie", ie government by a small
group of humans alone, who considers themselves covered and entitled to take all
the power over all the people. According to Maurice Durverger, including how
democracy is government in which the ruling class and the ruled class together and
not separately, meaning that the system of government in the country anyway,
everyone equally entitled to govern and be governed.4

3 Ni’matul Huda. Op.Cit. Hal. 260

4 http://kgsc.wordpress.com/demokrasi-dalam-konsep-dan-praktek/ accesed on February 29 2014
 Henry B. Mayo (in Ni'matul Huda: 2005) states that democracy is based on
several values, namely:

1. Resolve disputes peacefully and institutionally.

2. Ensuring a peaceful change in a changing society.
3. Holding a change of leadership on a regular basis.
4. Limit the use of violence to a minimum.
5. Recognizes the diversity and considers reasonable in a society that is
reflected in the diversity of opinions, interests , and behavior.
6. Assuring justice.

To carry on the values of democracy, should be held several institutions,

namely :

1. Responsible government.
2. A legislature representing factions and interests within the community
selected by free elections and secret.
3. A political organization that includes one or more political parties.
4. The press and mass media are free to express opinions.
5. Independent judicial system to guarantee human rights and defend justice.

Moh Koesnardi and Bintan R Saragih (in Munthoha: 2009) states that the
powers granted in grounding mechanism conception of democracy based on the
principles of equality. In essence, the power in an organization can be obtained
based on the legitimacy of religious, ideological legitimacy eliter or pragmatic
legitimacy. However, power based on legitimacies are, by itself would deny the
similarities and human equality, because of the claim for a higher top notch group of
people. In addition, the third power over the legitimacy of absolute power will be that
due to the assumption of essentially putting the ruling group as the authorities know
preferentially and more power in running the affairs of state. Power established by
the three legitimacy can be guaranteed to be authoritarian rule.

Thus, should the supreme power be vested in the people as his own
conception of democracy as the owner puts human sovereignty that became known
as the principle of popular sovereignty.
 CHAPTER II

PROBLEMS

- What is the definition of democracy?

 - What kind of democracy that embraced by the Negara Kesatuan Republik
Indonesia?
- How is the implementation of democracy in Negara Kesatuan Republik
Indonesia?

CHAPTER III

ANALYSIS

3.1 The Definition of Democracy

 The term of word democracy according to Ancient Athens originated from the
Ancient Greece in the 5th BC. At the time, The State is an early example of a system
that is associated with modern democracy. However, shifts in the meaning of the
term has changed, and the modern definition evolved since the 1st century,
concurrent with the development of democracy in many countries.

Democracy is the form of the system of Government in a country, which is an

attempt at realizing the country's people's sovereignty which was given by his
Government. Etymologically "democracy" consists of two words derived from
languages of Greece, namely the "demos" meaning the people or inhabitants of a
place, and "cratein" or "cratos" meaning power or sovereignty. So in the language
demos-cratein or demos-cratos (democracy) is the State of the country in which the
system of Government's sovereignty is in the hands of the people, is the highest
authority in the decision, together with the people, the people in power, the
Government of the people and the power by the people.

There are also several definitions of democracy according to the experts,

such as5 :

- Joseph A. Shumpter :
"Democracy is an institutional arrangements to achieve the political decisions
in which individuals acquire the power to decide how competitive struggles
over the voice of the people.”
- Sidney Hook:
“Democracy is the form of Government in which a government’s important
decisions to directly or indirectly based on the consensus of the majority of
given freely from the mature people.”
- Henry B. Mayo:
“Democracy as a political system is a system which showed that public policy
is determined on the basis of a majority of the representatives of the people
effectively in periodic elections, based on the principle of political equality and
conducted in an atmosphere of political freedom provided.”
- A constitution [or politeia] may be defined as ‘the organization of a city
[or polis] in respect of its offices generally, but especially in respect of that
particular office which is sovereign in all issues. . . . In democratic cities, for

5 R.Masri Sareb Putra, Etika dan Tertib Warga Negara, Jakarta : Salemba Humanika,2010. Hal 148
 example, the people [demos] is sovereign. . . . [W]hen the masses govern the
city with a view to the common interest, the form of government is called by
the generic name . . . of ‘constitutional government’. . . . Democracy is
directed to the interest of the poor [only, not to the interests of everyone--
WR]." (Aristotle 1995, 97-101)6
- Democracy is "government by the people; that form of government in which
the sovereign power resides in the people as a whole, and is exercised either
directly by them . . . or by officers elected by them." (Oxford English
Dictionary, 1933)7

When democracy becomes an ideology of a country, then that country as the

highest Organization in a particular area to be ceded the power to the people, so
that:

- The people who make the ground rules.

- The people who formed the Government.
- The people who make policy to those exercised by the Government.
- The people who oversee and assess the implementation of those policies or
the performance of the Government.8

3.2 Democracy Embraced by the Republic of Indonesia

There is kind of democracy that once embraced by Indonesia, which until

now is shared by Indonesia, namely:

1. Pancasila democracy
Democracy adopted by the Indonesian nation to this day is the Pancasila
democracy. Namely, the implementation of democracy in Indonesia is carried
out on the basis of Pancasila. In other words, democracy is understood that
originates on the personality and life philosophy of Pancasila.
2. Guided Democracy
Democratic system is triggered by Soekarno, Soekarno during guided
democracy into a political kekutan almost unassailable. He even ran for
6 http://www.uiowa.edu/~c030142/DefinitionsOfDemocracy.html [online] accessed on february
28,2014
7 http://www.uiowa.edu/~c030142/DefinitionsOfDemocracy.html [online] accessed on february
28,2014
8 R.Masri Sareb Putra, Etika dan Tertib Warga Negara, Jakarta : Salemba Humanika,2010. Hal 148-149
 president for life. But it was opposed by Hatta because he thinks if the
system adheres to the Indonesian mentioned back to the Feudal State
centered on the king.
3. Parliamentary democracy
Parliamentary democracy is a system of democracy that supervision is done
by the parliament. The main characteristic Countries that embrace the
democratic system is the presence in the system of parliamentary
government. Indonesia has tried to embrace this system during the first
independence in 1957.
4. Liberal democracy
Liberal democracy is one of the many ideologies that encourage the
emergence of political parties. Because in practice, every society has an
equal right to be involved in governance. In this system, the election should
be conducted freely and fairly. In addition, the selection of the head of
government is done on a competitive basis.

The democracy practised in Indonesia is pancasila democracy that exists at

the time of the Reformation which is derived from pancasila, in Indonesia democracy
have a separation and division of power in the era of the Reformation to the present.
Pancasila is the most strategic position in terms of democracy, because it could
become cornerstones in the various differences in democracy in Indonesia, the
difference is the essence, it is growing in a dialogue and tolerance, not of conflict and
hostility, so that the democracy that exists in Indonesia can be in accordance with
the ideals of the nation.9

Democracy in Indonesia since ancient times, very dynamic, always be

changed to get the proper adjustments for the condition state (government and
people) in accordance with the ideals of the nation. The characteristics of a
democratic system of governance is intended to distinguish democratic country,
namely:

1. Allows for periodic change of government.

2. Members of the public have the same opportunity occupies a position in
the government for a certain period, such as the president , minister ,
governor , etc.

9 M. Alfan Alfian. Demokrasi Pilihlah Aku. In Trans Publishing. Malang. 2013. Page 223
 3. Recognition and members of the public to the presence of legal
luminaries who fights for public office; well as a counter for the
government of the day.
4. Another election to choose certain government officials are expected to
represent the interests of certain people.
5. So that each group will be known by government or other community
members, we must acknowledge the existence of the right of expression
(oral, written, meetings, electronic media and print media, etc.)
6. Recognition of the community members who did not participate in the
elections.

Personality traits of democration:

1. Accept the other person.

2. Open to experiences and new ideas.
3. Responsible.
4. Be aware of the power.
5. Tolerance of differences.
6. The emotions under control.
7. Placing trust in the environment.

A democratic state if the system is said to embody the principle of

democracy. Robert Dahl (Sranti, et al; 2008) stated that there are several principles
that must exist in the democratic system of government democratic country:

1. The presence of control or control over government decisions. Government

in making decisions controlled by the legislature (Parliament and Council).
2. Elections thorough, honest and fair. Democracy can work well if the
presence and active participation of citizens.
3. The existence of the right to elect and be elected. The right to vote, which
gives the right of the people to government oversight and decided the best
option according the goals of the people. Rights chosen which provides the
opportunity for every citizen to be selected in carrying out the mandate of
citizen voters.
4. The freedom of expression without threat. Democracy require freedom of
expression, associate with a sense of security.
5. Having the freedom to access information.
6. Freedom of association is open.
 Although the principles of democracy has had in the run, but in a democracy
there are values of which will be a guideline to be implemented. The values, namely :

1. Awareness of pluralism. Democratic society must maintain the diversity of life

in the community. Democracy guarantees the balance of rights and
obligations of every citizen.
2. Honest attitude and mind healthy. Decision making is based on the principle
of consensus principles of deliberation, and concerned with the interests of
society at large. Decision-making in a democracy requires honesty, logical or
based on common sense and sincere attitude to every person of good will.
3. Democracy requires cooperation between the various groups and attitude
and good faith. Society fragmented and suspicious to other people lead
democracy can not work properly.
4. Democracy requires a mature attitude. The spirit of democracy requires the
willingness of people to offering constructive criticism, delivered in a manner
that is courteous and responsible for the possibility of receiving certain forms.
5. Democracy requires a moral judgment. Democracy requires a belief that the
way to victory to be in line with the objectives and based on moral and not
justify the means. Democracy requires a moral judgment or moral virtue to
separated a reference in doing and achieving the goals.

By applying the principles and also always use values of the life of the state,
a democratic state will be realized well, and reduce the constraints that would make
failure.

3.3 The Implementation of Democracy In Indonesia

The implementation of democracy in Indonesia refers to the idiil foundation

and the UUD NRI 1945. The basis Indonesian democracy is the sovereignty of the
people as stated in the opening of the third point of the UUD NRI 1945 : "The
Republic of Indonesia the sovereignty of the people based on democratic,
consultative/representative". Its implementation is based on the UUD NRI 1945
Article 1 (2) "Sovereignty in the hands of the people and carried out by the
Constitution".
 Under the UUD NRI 1945, has explained that the form of Indonesian
government is Pancasila Democracy with a system of presidential government.
However, before the system was followed Pancasila Democracy there are some
systems adopted by Indonesia. Democratic system ever implemented in Indonesia
are:

 Liberal Democracy. On 14 November 1945, the Indonesian government

issued an edict that contains changes presidential system of government with
a parliamentary system of liberal democratic systems, power intended for the
benefit of an individual or group. With parliamentary cabinet system,
ministers are responsible to Parliament . However, because freedom of
expression is interpreted as a gesture freely, criticism is always launched by
the opposition not to build but to attack the government. Therefore, the
government is not stable. Membership constituent entities selected in the
1955 elections , the political aspirations divide into two groups, namely the
nationalist and religious groups. Because of the differences between them
can not be overcome and did not find a bright spot in the results of voting in
the constituent meeting, then President Sukarno issued Presidential Decree
July 5, 1945 to save the country and later became a source of law in
governance.
 Guided Democracy. In July 5, 1959 President Sukarno issued in
Presidential Decree that Indonesia back in 1945, but was born the idea of the
birth of democracy should not be guided that essentially do the polls, and if
there is a difference of opinion that may not be solved handed over to the
president. This indicates a tendency towards authoritarian system of
government in which the Presidential is a person who has full authority to
make decisions. Thus the so-called “demokrasi terpimpin” because
democracy in Indonesia when it relied on the leadership of President
Sukarno. Guided during the Sukarno government is leadership on one hand
is president.
 Pancasila Democracy is democracy based on kinship and mutual help
addressed to the welfare of the people, which contains elements of religious
conscience, based on truth, love and noble character, personality and
 sustainable. Pancasila democracy in Indonesia, is still in its early stages and
the development of the properties and characteristics are various
interpretations and views. But that can not be denied is that some of the
principal values of constitutional democracy is quite clearly implied in the
1945 Constitution. Apart from that our Constitution explicitly mentions two
principles that animate the text and listed in the description of the system of
government, namely:

1. Is a state based on law (Rechstaat).

State based on law (Rechstaat), not by power alone (Machstaat).

2. Constitutional system

The system of government based on the Constitution (Basic Law), non-

absolutism (unlimited power). Based on 2 terms Rechstaat and
constitutional system, it is clear that democracy is the basis of the UUD
NRI 1945, is constitutional democracy. In addition, the typical pattern of
democracy, namely democracy led by the inner wisdom of deliberations
of representatives, contained in the Preamble of The UUD NRI 1945.

There are differences in the location of the code of conduct. Under the
legislation and implementation practices of democracy, there are some changes in
the implementation of Pancasila democracy implementation of the new order of
democracy in order era of reform, namely :

1. Elections more democratic

2. More independent of political parties
3. More democratic institutions to function
4. The concept of triad politics (3 Pillar Power State) each fully autonomous.

The existence of democratic life, through laws and regulations made under
the will of the people, peace and order will be more easily realized. The procedure
for the implementation of Pancasila democracy founded on the constitutional
mechanism for organizing government of the Republic of Indonesia based on the
constitution.
 Pancasila Democracy will only be better if the values contained therein can
be understood and internalized as cultural values that influence political attitudes
political supporters.

Important notes on the implementation of democracy in Indonesia, namely

the instability resulting in the failure of Pancasila Democracy in the time of the new
order , not from the basic concept of Pancasila democracy, but rather the practice or
implementation that deny the existence of Pancasila Democracy.

Implementation of the forms of democracy contained in the UUD NRI 1945,

namely:

o Article 6A

Paragraph 1: “The President and the Vice-President shall be elected as a

single ticket directly by the people.” ***)”

Paragraph 2: “Each ticket of candidate for President and Vice-President shall

be proposed prior to the holding of general election by political parties or coalitions of
political parties which are participants in the general election.” ***)

Paragraph 3: “Any tickets of candidates for President and Vice-President

which have reached a poll of more than fifty percent of the total number of votes
during the general election and an additional poll at least twenty percent of the votes
in more than half of the total number of provinces in Indonesia shall be declared
elected as the President and the Vice-President.” ***)
Paragraph 4: “In the event that there is no ticket of candidate for President
and the Vice-President elected, the two tickets which have received the first and
second highest total of votes in the general election shall be submitted directly to
election by the people, and the ticket which receives the highest total of votes shall
be sworn in as the President and the Vice-President.” ****)
o Article 19
Paragraph 1: “Members of the House of Representatives shall be elected
through general election.” **)
 o Article 22C

Paragraph 1: “The members of the Regional Representative shall be elected

from every province through general elections.” ***)

o Article 22E
Paragraph 1: “General elections shall be conducted in a general, free, secret,
honest, fair and direct manner once every five years.” ***)
Paragraph 2: “General elections shall be conducted to elect the members of
the House of Representatives, the Regional Representative Council, the President
and the Vice President, and the Regional House of Representatives.” ***)
Paragraph 3: “The participants in the general election for the election of the
members of the House of Representatives and of the Regional House of
Representatives are political parties.” ***)
Paragraph 4: “The participants in the general election for the election of the
members of the Regional Representative Council are individuals.” ***)
Paragraph 5: “The general elections shall be organised by a general election
commission of a national, permanent, and independent character.” ***)
Paragraph 6: “Further provisions concerning general elections shall be further
regulated by law.” ***)
o Article 28
“The freedom to associate and to assemble, to express verbal and written
opinions, etc. shall be further regulated by law.” **)

As for how to measure the implementation of the democracy of government

in Indonesia , to note some of the parameters of democracy , namely :

1. Formation of government through elections. Government formation is done in

an election conducted carefully and honestly.
2. Government accountability system. The resulting governance and elections
must be transparent and accountable for its performance in a given period.
3. System of regulation and the distribution of state power. State run distributive
power to avoid the accumulation of power in one hand (legislative, executive,
and judicial).
 4. Supervision by the people. Democracy requires a system of supervision by
the people on the course of government, resulting in a mechanism that allows
a check and balance on the power of the executive and legislative run.

CHAPTER IV

CONCLUSION

Democracy is a form or a country's system of government mechanisms in an

effort to realize the people's sovereignty or state that is run by the Government. All
citizens have equal rights in decisions that can change their lives. Democracy
permitting citizens to participate either directly or through representatives in the
formulation, development, and manufacture of the law.

Indonesia embraces Pancasila democracy, because Indonesia is using as

the basis the State ideology Pancasila, as well as the principle that dovetail with the
economic and social circumstances, cultures in Indonesia. Because the goal of the
State is the goal – is in pancasila. Because according to the purpose of live nation
and State for the people in Indonesia.

Pancasila Democracy is a system of government which has set various sides

of the life of Indonesian people who have a compound composition. On its journey,
the country has tried several democratic system of government to regulate in
Indonesia, such as liberal democracy and guided democracy. However, the
democratic system of Pancasila considered most suitable to the circumstances of
the country so that the objective is able to overcome the problems of social
disintegration are very prone to occur in Indonesian society.
 Democracy Indonesia is considered necessary and in accordance with the
private nation Indonesia. In addition the background behind the use of the system of
democracy in Indonesia. It can be found from many religions to enter and thrive in
Indonesia, besides numerous tribes, cultures and languages, all of which is a gift of
God that ought to be we're thankful for.

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