URGENSI IMPLEMENTASI KEBIJAKAN AFFIRMATIVE ACTION TERHADAP PEMENUHAN HAK BERPOLITIK MASYARAKAT ADAT DALAM PELAKSANAAN PEMILIHAN UMUM DI

Abstract

General elections or commonly referred as people's democratic parties are one of the main parameters to measure the success of the implementation of democracy in a country. To emphasize the important role of the people in this democratic party, Indonesia included it in its constitution article 1 paragraph (2) which reads, "Sovereignty is in the hands of the people and carried out according to the Constitution, This article proves the seriousness of Indonesia in realizing democracy, especially in involving the people in everything including in elections. However, it turns out that not all Indonesian people have taken the voting role in the election. Not because they do not want to, but many of them are not included in the DPT (Daftar Pemilih Tetap) especially felt by indigenous people. Referring to Article 348 Paragraph (1) of Law Number 7 of 2017 concerning Elections, one of the conditions for choosing in Election is to have an E-KTP. Problems arise because there are many indigenous people who do not own a domicile so they do not have an E-KTP. This study uses juridical-normative research methods that do not forget the issues that exist in society. Seeing the problems that occur, the author has the idea to implement the Affirmative Action method by giving freedom to each indigenous community that has not been accommodated by the KPU as a DPT
through the regional government, as stated in Article 96 of Act Number 6 of 2014 concerning Villages that the Government, Provincial Government and District / City Government conduct structuring of customary law community units and are determined to be Indigenous Villages. Referring to the article, it can be concluded that in fact the problems related to the community can be overcome by giving authority in each Regency / City KPU to record every indigenous community in their territory and provide appropriate affirmative action methods to carry out the election mechanism themselves.