Models For Organizing General Elections (Elections) During The Pandemic Period Of Infectious Disease Outbreaks

Abstract

Indonesia is a legal state that adheres to a democratic system. Elections are one of the characteristics of a democratic country. In Indonesia, elections are mandated by the 1945 Constitution of the Republic of Indonesia Article Paragraphs (1), (2), (3), (4), (5), and (6). The Pilkada explicitly stated in the 1945 Constitution of the Republic of Indonesia is not part of the General Election, but the Pilkada is an election regime based on the Decision of the Constitutional Court Number 55/PUU-XVIII/2019. Pilkada is held to elect the Governor/Deputy Governor, Regent/Deputy Regent and Mayor/Deputy Mayor simultaneously. Simultaneous elections in 2020 are planned to be held on December 9, 2020, but the world is experiencing a Covid-19 pandemic so that the KPU as the election organizing body has decided to postpone the Pilkada stage. Through Perpu Number 2 of 2020 which was later stipulated to be Law Number 6 of 2020, the Government decided to continue the Pilkada Stages. This law has not been effectively implemented at the time of implementation Pilkada 2020. The principle of legal certainty, the rights of people's safety/health have not been optimally protected. Researchers in conducting research analysis with a sociological juridical approach, namely by obtaining legal knowledge by going directly to the object. The discussion that will be described in the research is the 2020 Pilkada based on laws and regulations and problems that arise in the implementation during the pandemic. The case of holding the 2020 Pilkada is an example for proposing a model concept for organizing an election during a pandemic of infectious disease.