Journal of Law, Policy and Globalization www.iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.66, 2017 147 Institutional Strengthening of the General Election Commission in Order to Realizes Fair and Just Election Rosa Muhammad Thamrin Payapo * , Abdul Razak, Marthen Arie, Zulkifli Aspan Graduate School, Hasanuddin University, South Sulawesi, Indonesia * Corresponding Author Abstract The general election is a manifestation and it is closely related. The reason, the election is considered to be giving birth to a representation of people’s aspirations which of course is closely related to the legitimacy for the government. Direct election as a manifestation of the former referendum mechanism, it is possible to metamorphose into elections through representative institutions. However, this transition cannot be done immediately, there should be ordering of representative institutions from the recruitment system to the election of legislative candidates to be elected. In addition, transparency and accountability must be conducted in the transition of this mechanism. In the context of current Indonesian state administration practice, a strong government is a government that has a high degree of legitimacy. The legitimacy is gained because of its success in realizing it in society so that people respect and believe it. If the regional head is elected by those who do not have the legitimacy of the people to vote the regional head, then the elected regional leader also does not have strong legitimacy, so the ideals of creating a clean and strong government will be injured by an impartial system of citizen’s basic rights fulfillment. Keywords: General Election, Election System, Indigenous Peoples, Noken 1. Introduction Indonesia is a Constitutional State ( rechtsstaat) as affirmed by the 1945 Constitution as Indonesia’s constitution. Indonesia as a constitutional State requires all actions of the State/government are always based on law. In a democratic country, the people who own and control the power and power itself is performed for the interests of the people themselves. Initially, democracy was an idea of the pattern of life that emerged as a reaction to the inhuman social and political reality in society. Certainly, the reaction is coming from idealistic and thoughtful people. There are three ideal values that support democracies as an idea of life were freedom, equality, and justice. In the reality, the idea is realized through the embodiment of symbols and the essence of the basic values of democracy truly represented or elevated from the reality of life that equal to the values itself. 1 Substantially, the general election is an umbrella that serves as a means of delivery of peoples’ democratic rights. The existence of electoral institutions has been recognized by countries with the principle of peoples’ sovereignty. The essence of electoral issues sourced from 2 (two) main issues that are always questioned in the practice of constitutional life, concerns the teachings of peoples’ sovereignty and democratic understanding, in which democracy as a manifestation of peoples’ sovereignty and elections is a reflection of democracy. There are at least three general election’ objectives: the first, allow for a peaceful and orderly change of government; the second, implements the people’s sovereignty; and the third, implements the citizen’s basic rights. 2 In addition, the general election is a manifestation and it is closely related to human rights, particularly civil rights, 3 as one of the bill of basic human rights in the field of human rights, coupled with economic, social and cultural rights. 4 With the regulation of general election, starting from the principles, objectives, participants and executors of elections in the 1945 constitution, then constitutionally the general elections in Indonesia becomes more assertive in order to improve the basic rules of the State order and guarantee the implementation of peoples sovereignty in accordance with the development of understand democracy that governs the more assertive power-sharing by establishing a checks and balances system. 1 Arbi Sanit. 1985. Perwakilan Politik Indonesia, Yogyakarta: CV. Rajawali. Page 83 2 Moh. Kusnardi and Harmaily Ibrahim. 1998. Pengantar Hukum Tata Negara Indonesia. Jakarta: PSHTN-FHUI. Page 330 3 Act No. 12 of 2005 on the Ratification of International Covenan on Civil and Political Rights (ICCPR). 4 Act No 11 of 2005 on the Ratification of International Covenan on Economic, Social and Cultural Rights (ICESCR).