PELIBATAN TNI PADA PENGAMANAN PEMILU SERENTAK DALAM ERA NEW NORMAL INDONESIA
Abstrak
The purpose of this study is to find out 1) the constitutionality of the concept of
simultaneous general elections of Indonesia in the perspective of the constitution, 2)
the ideal concept of a presidential system through simultaneous elections of
Indonesia, and 3) the concept of involving the TNI in simultaneous elections in the
new normal era of Indonesia.
This research uses descriptive analytical method. This type of normative
juridical research is research focused on examining the application of positive legal
norms or norms, and reviewing the problems examined in terms of legal science by
looking at and linking to the reality in implementation that aims to describe natural
activities / events in daily practice. The nature of the research is analytical
descriptive that is describing or describing the involvement of the TNI in securing
simultaneous elections in the era of new normal Indonesia. Data sources: primary
and secondary. Data collection techniques using literature studies and document
studies. The data analysis method uses interactive flowing techniques, namely Mosel
analysis which integrates with the data collection process in a cycle.
Based on research results show that the constitutionality of the concept of
general election simultaneously in the perspective of the constitution, which is a
consensus that guarantees the establishment of constitutionalism in modern times
generally understood to rely on three elements of agreement namely: agreement on
shared goals or ideals, agreement on the rule of law as the basis of government or
administration of the State, and agreement on the form of constitutional institutions
and procedures. Presidential system through simultaneous elections, namely the
Presidential threshold concept is still used in simultaneous general elections because
it does not conflict with the 1945 Constitution, moreover the use of presidential
threshold is oriented towards strengthening the presidential system adopted in
Indonesia, where there is an effort to place political parties as instruments to achieve
the country's goals with the concept of dividing the political power of parliament into
two axes only. Involvement of the TNI in the Simultaneous Election in Indonesia in
the field of security in principle is aids to the Police. However, the TNI itself has a
policy related to the implementation of Simultaneous Elections which must be guided
by TNI Neutrality including TNI soldiers who are carrying out security to assist the
National Police must be guided by TNI Neutrality. The involvement of the TNI
ignores the neutrality of the TNI, so the consequences of sanctions will be applied to
TNI soldiers who violate them.
Keywords: TNI Involvement, Simultaneous Elections, New Normal Era