THE INTERPRETATION OF SPECIFICITY TO VOTING THROUGH REPRESENTATIVE SYSTEM IN THE GENERAL ELECTION OF THE HEAD OF REGION IN INDONESIA

The journal purposes to examine The Interpretation of Specificity to Voting through Representative System in the General Election of the Head of Region. This study is a legal study conducted through library research, using conceptual and statute approach. The results of the study indicate that the collection conducted through the system of representation in the general election or the general election of the head of region based on customary law or customs and mutual agreement in Yahukimo Regency (Papua Province) and Bali Province is constitutional. With respect to voters exercising their voting right more than once or election represented in a vote based on mutual consent or agreement is constitutional and lawful given that the system or model of election has become a habit and there is Number element of compulsion from the Balinese people applied in The General Election or The General Election of The Head of Region. The General Election of The Head of Region conducted in the Province of Bali in which there are elections represented then it is permissible and legitimate and Numbert contrary to the constitution in accordance with the phrase of legal considerations from decision of the Constitutional Court which states against such things, because it is a habit And has been accepted by each party, as evidenced by the absence of objection from the voting place from each candidate pair. Based on the provision of Article 22E Paragraph (1) of the Implementation of General Election, including The General Election of The Head of Region after entering The General Election regime based on Law Number 22 of 2007 on the Organizer of The General Election and Law Number 12 2008 on Regional Government is implemented in a direct, public, free, secret, honest and fair every five years.

democracy are manifested through various forms of popular participation, one of which is then actualized in the implementation of The General Election.
Indonesia has experienced a fundamental shift in the political and administrative system in the post-reform era since 1998 and one of the proofs of its birth is marked by constitutional amendment. Constitutional reform has given birth to a state with a much more democratic regulatory arrangement where the active participation of the people is a must or "conditio sine qua Numbern" from constitutional amendments scheduled up to four (4) times. Constitutional reform has implications for democratic life in local governance system by providing capacity for political decentralization process at local government level, in particular the implementation of general election of regional head and vice regional head (The General Election of The Head of Region).
The General Election of The Head of Region is one manifestation of the actualization of the people's sovereignty in the concept of a democratic state that implies the participation of the community to directly elect their regional leaders. The General Election of The Head of Region is also considered able to accommodate a complementary integrated selection system to produce qualified candidates for elected regional heads ranging from the selection of state system, political party, administrative, until political selection. On that basis, The General Election of The Head of Region is expected to produce an aspiration, qualified and legitimate leader figure that will bring the government closer to the people. In this case, T.A Legowo stated that The General Election of The Head of Region is an integral part of the acceleration of democratization at the national level where democracy at national level will grow steadily if on the local level the values of democracy have been firmly rooted first.
When it alludes to The General Election of The Head of Region as a direct election mechanism following the shift of regional head elections to become part of the electoral regime, it is inevitable to further elaborate the significance of the values and principles of democracy. Both have close relationships that can Numbert be In relation to the implementation of the Election of regional head, the provisions in the 1945 Constitution Article 18 paragraph (4) affirm that: «Government, Regents and Mayors respectively as heads of provincial, district and municipal governments are elected democratically». The phrase «democratic» in the provisions of Article 18 paragraph (4) above is translated by the legislator (President and Parliament) through Law Number. 22 of 1999 on Regional Government with indirect selection mechanism, which is elected by Regional People's Representative Assembly. However, when the enactment of Law Number. 32 of 2004 on Regional Government, the filling and election of regional heads are Number longer elected by Organizer of General Election, Election of regional head also experienced a regime shift previously categorized part of the regime of local government shifted to the regime election domain so that the mention of it was changed from the beginning Election of regional head into The General Election of The Head of Region. It also carries the juridical implications of absolute competence in adjudicating disputes over Although the rules are already exist, but irregularities and violations of these rules continue to occur, even to the end of the lawsuit to the Constitutional Court.
Since the authority to decide the dispute over the results of The General Election of The Head of Region has been transferred to the Constitutional Court, many monumental decisions have been decided by the Constitutional Court. Through the legal product of its decision, the Constitutional Court has made legal breakthroughs in which one of its decisions, namely Dispute Result of East Java Province Election in 2008 which is seen as controversial as well as monumental ruling when it becomes "stare Decision" or "Landmark Decision" in decision of The General Election of The Head of Region afterwards. In this case, the Constitutional Court is not merely a 'Court of Calculation' but the Court guarding the pillars of democracy and upholding substantive justice for not only adjudicating the dispute over the results in the calculation of the numbers but also adjudicating and at the General Election of Members of the People's Legislative Assembly, the Regional Representatives Council, and the Regional People's Representative Assembly) also stipulates that «Elections are conducted effectively and efficiently on the basis of direct, public, free, confidential, honest and fair principles». While in the provisions of Article 56 paragraph (1) of Law Number. 32 of 2004 on Regional Government affirms that «the regional head and deputy regional head are elected in a single candidate pairs that are carried out democratically based on the direct, public, free, secret, honest and fair principle». that The General Election of The Head of Region must be conducted in a direct, public, free and secret manner so that voting by mechanism or system of representation is clearly contrary to the principle of direct and secret.
Related to that, I Gusti Putu Artha said that the voting system through a voting system or voters who exercised their voting right more than once did not only happen in the Regional Head Election of Bali Province, but it has been applied in several General Election and The General Election of The Head of Region in Papua Province not as the Noken system. The model of Noken election is interpreted as a system in which the voting stage of the voters of the community members in exercising their right to vote is represented by the chief of the tribe and inserting into the bag (sack) which is the inheritance of ancestral heritage in the form of bag (sack) made of woven bark as typical handicrafts people of Papua.
The Noken system as a mechanism for selecting customary representatives has been implemented in Yahukimo District (Papua Province) in every election and election. For the Yahukimo community, Noken is not only useful for carrying crops and as a cultural symbol, but also used as a place to put ballots that have been cast or   Bali Election Province.
The representative system applied in The General Election of The Head of Region Bali Province is commonly referred to as the bonding system. The bonding system is a system whereby a person may represent his/her right to vote to a person who is entrusted to exercise his/her right to vote in a particular candidate based on his or her consent which is already a Balinese culture in The General Election of The Head of Region. The bonding system has similarities and differences with the prevailing Noken system in Papua. The equation lies in the procedure or mechanism of its representation in which the electorate, either the chief or the head of the family or relatives uses his or her right to vote more than once with the consent or agreement of the result of the discussion of the owner of the voting power to be represented. The difference lies in the means or tools used in voting where the bonding system still uses the ballot boxes that have been provided by the voting place, while the Noken system uses a special place in the form of bags or pockets placed on the neck.
In its development, the procedure or mechanism of the use of Noken in voting other than placed in the neck, can also be plugged or planted in the voting place area House of Representatives, The Regional Representative Council, and Regional People's Representative Assembly.
First, it is customary and has been accepted by each side. This is similar to the Noken system in which the model of election is also a custom and even customary law applicable to the Yahukimo and inland communities of Papua because it is feared that conflict will arise among local community groups if forced to use a voting model

. but according to the witnesses of the Petitioners' witness, I Nyoman Mudana, that the witness also chose more than once for the Candidate Pair Number 1 (Petitioner) to represent the witness's mother because he was ill. In addition, based on the statements of Petitioners I Nyoman Rata, I Ketut Sudi and I Ketut Lali, voters who voted more than once by representatives have been elected since the Legislative Election, Presidential Election, and Regency Election, and have never been disputed. Moreover, according to the fact of the hearing, the witnesses who received the mandate from the Petitioners signed the C1-KWK.KPU Model Form and Number one objected about the voting that voted more than once or the voters represented (bold by the Author).
Based on the phrase that the Author print thickness in the legal considerations of the Constitutional Court formulated above, provides an understanding that the system of representation in the voting that took place in The General Election of The Head of Region Bali Province based on two aspects as mentioned in the legal considerations above discussion, namely the aspect of « agreement or agreement «and also on the» custom «aspect.
The phrase «has been done since the Legislative Election, the Presidential Election, and The General Election of The Head of Region, and has never been questioned» implying that the system of representatives in voting in The General Election of The Head of Region has been done before the dispute over the results of The Bali Province Election in 2013 which was charged to the Constitutional Court .
Since it has become a habit, the voting where voters use their voting rights more than once is Numbert questioned by the community concerned While the phrase «to represent the witness's mother because of illness» and «Number one complains about the voting of more than one vote or the represented voters» is a form of agreement or agreement. Although in both phrases it is Numbert mentioned the existence of a word of agreement or agreement, but it can be implicitly implied that with I Nyoman Mudana (Petitioner's witness) representing his mother to cast his vote in addition to the right to vote I Nyoman Mudana own, of course can be predicted or concluded that the child has received approval or mandate from his ailing mother to represent him because he can Numbert come alone to the voting place.
Neither is the phrase «Number one raises an objection concerning the voting of more than one vote or the represented representation» constitutes a form of concession or agreement of the local community, in this case the Balinese community. Who has agreed and become a habits in the next General Election or The General Election of The Head of Region. Without the consent or collective agreement of the community concerned, the Election and The General Election of The Head of Region by using a representative system as applied in the Province of Bali shall Numbert and shall proceed as always and shall always have the potential to create continuous conflict between the participants and the organizers of The General Election of The Head of Region as well as the related parties as in the consideration the judgment law of the Constitutional Court further states:

Furthermore, in relation to the existence of voters who voted more than once and conducted without mutual agreement, the Court found the fact that the Respondent and Panwaslu had taken corrective action by re-voting at voting place 3 of Bungkulan Village, Sawan Sub-district, Buleleng
Regency, on 22 May 2013 , as in the previous voting there were voters who voted for more than 100 ballot papers for the benefit of the Serial Number 1 Candidate Pair (vide witness of the Respondent Nengah Sucita, witness of the Related Party Komang Merta Yasa and evidence of .Based on the consideration of the above legal evidence and facts, voters who choose more than once in the context of representing the family and are Numbert manipulative, according to the Court are indeed proven, but it has been done in the previous General Elections and has never been questioned so that it can be accepted . The voters who choose more than once with manipulative motivation is Numbert justified and must be processed further under the applicable laws and regulations. Therefore, the a quo Petitioners' argument is groundless according to law (bold by Author).
From the consideration of legal consideration above, the Constitutional Court further strengthens the aspect of consent or collective agreement in terms of voting through the system of representation in General Election and The General Election of The Head of Region that occurred in Bali Province. The facts revealed in the hearing that the Respondent and the Election Supervisory Committee as the organizer of The General Election of The Head of Region an initiative have taken corrective action by re-voting in some districts of the region suspected of violation in the voting. In this regard, the Constitutional Court may assess and formulate the construction of the judgment through its legal considerations derived from the facts revealed in the trial that voters who elect more than once with manipulative motivation can Numbert be justified and prosecuted in the community concerned In this case, the connection with the Constitutional Court in its decision allows voters to vote by representing, where the basis of the constitutional judge to decide that electing the regional head by representing it is to hear the testimony of one of the witnesses of the applicant. According to the author of what has been done by the judges of the constitution mentioned above is a mistake and without a solid foundation. For as a judge in this matter the constitutional justices are Numberugh only with the testimony of one witness alone as a basis for permitting or deciding that the vote represented is legitimate. Is Numbert that one witness is Numbert or is Numbe as a witness as revealed in the principle which says "unus testis nullus testis" (one witness is Numbert a witness) but the minimum is 2 witnesses as the basis that

Constitutionality Principles of Election in Voting
The decision of the Constitutional Court is a binding and final decision.  The authority to decide on election and election disputes conducted by the Constitutional Court is the authority relating to the constitutionality in which The General Election of The Head of Region is a democratic instrument regulated by the constitution as a «public law» so there must be a guarantee of constitutionality of the implementation of the General Election. Constitution as the highest form of social agreement concerning the public interest and protection of human rights that must be guarded by the Constitutional Court is very clear is a public law.
Related to that matter, it is interesting to observe that in the case of dispute of Election of The Head of Region 2. Whereas the Regional Head General Election conducted in the Province of Bali in which there is an election represented then it is permissible and lawful to be conducted and Numbert contradictory to the constitution in accordance with the content of the legal consideration phrase of the Constitutional Court decree stating «Against such matter, because has been customary and has been accepted by each party, as evidenced by the absence of objections from the voting witnesses of each candidate pair.