Proceedings of the 1st International Conference on Indonesian Legal Studies (ICILS 2018)

The Election Position of Governor and Vice Governor of Yogyakarta Special Region in the Perspective of Pancasila Democracy in Indonesia

Authors
Martitah Martitah, Slamet Sumarto
Corresponding Author
Martitah Martitah
Available Online July 2018.
DOI
10.2991/icils-18.2018.43How to use a DOI?
Keywords
Sultan; Governor; Direct; Demoracy; Yogyakarta
Abstract

The election of the Governor and/or Vice Governor directly in the democratic system in Indonesia faces great challenges. In the context of the Special Region of Yogyakarta, direct elections contradict the legal historical election of Governor and Vice Governor carried out from generation to generation through the establishment of Sultan Hamengku Buwono and Paku Alam. Yogyakarta people also reject direct election. The rejection of the governor and/or vice-governor election of Yogyakarta by the people is in two dimensions at once, not only because of the historical provisions which do not allow direct election to be held but also because of the democratic expression of the people of Yogyakarta which insists that the election is not necessary directly. The real problem is the implementation of a democratic system of universality and particularity. The entry of local direct election clause in the Privileges of Yogyakarta Bill prior to the enactment of Law Number 13 of 2012 in line with the principle of universality. However, the rejection of direct elections is a particular aspect of the democratic process. The logic of the people of Yogyakarta must also be understood in terms of what is called the proper role of the state. Moreover, with the support of tradition and culture that has survived more than 250 years, Yogyakarta actually never entered the phase of the gap point as a state of the sultanate. Yogyakarta volunteered as a part of the Unitary State of the Republic of Indonesia not long after the Proclamation of Independence, did not necessarily dissolve the traditions of the Sultanate. This study focuses on the issue of whether the traditional election of governors and/or vice-governor in Yogyakarta has been against democratic values? This study aims to analyze and understand the democratic process in the election of governor and/or vice governor in Yogyakarta. The research method used is qualitative research approach with socio-legal type, and historical. The result of this assessment is that the election of governor and/or vice governor in Yogyakarta has been in accordance with democratic values because of the juridical aspect is the mandate of Law No. 13 of 2012 on the Privileges of Yogyakarta. From the sociological aspect, the people of Yogyakarta want the election of the governor and/or the vice governor to be done through the determination of their Sultan.

Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the 1st International Conference on Indonesian Legal Studies (ICILS 2018)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
July 2018
ISBN
10.2991/icils-18.2018.43
ISSN
2352-5398
DOI
10.2991/icils-18.2018.43How to use a DOI?
Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Martitah Martitah
AU  - Slamet Sumarto
PY  - 2018/07
DA  - 2018/07
TI  - The Election Position of Governor and Vice Governor of Yogyakarta Special Region in the Perspective of Pancasila Democracy in Indonesia
BT  - Proceedings of the 1st International Conference on Indonesian Legal Studies (ICILS 2018)
PB  - Atlantis Press
SP  - 228
EP  - 234
SN  - 2352-5398
UR  - https://doi.org/10.2991/icils-18.2018.43
DO  - 10.2991/icils-18.2018.43
ID  - Martitah2018/07
ER  -