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VOL. 9, ISSUE 5 (2023)
Reconstruction of regulations for the election of governors, regents, and mayors in Indonesia based on the value of justice
Authors
Sri Endah Wahyuningsih, Zulfa Asma Vikra, Widayati
Abstract
Democracy is built upon the involvement of the community in choosing
its leaders. Indonesia, as a democratic nation, mandates the constitutional
election of regional leaders in Article 18, paragraph (4) of the 1945
Constitution. This includes the election of Provincial and District/City Heads
through democratic means. Currently, the election of regional leaders is
carried out through direct methods. The current situation is marked by a debate
between those who advocate a shift towards an indirect election system and
those who wish to maintain the current direct approach. This research aims to
identify the strengths and weaknesses of the current Regulation on the Election
of Regional Heads and to propose a reconstruction of the regulations for future
regional elections based on the principle of justice. This research employs a
type of empirical normative legal research, which involves the study of both
secondary and primary data. Primary data is collected through interviews and
observations, while secondary data is obtained through literature reviews. The
collected data is then analyzed qualitatively in a descriptive manner. The
theoretical frameworks applied in this research include theories of justice,
legal system, democracy, and legal regulation reconstruction. The research
findings indicate that the current regulation of the direct election of
regional heads by the people is not inherently just, as it often leads to
issues such as vote-buying, weak law enforcement, high costs, and horizontal
conflicts among supporters of different regional head candidates. Therefore, it
is proposed that the regulation of regional head elections be reconstructed to
an indirect system. Under this proposal, the Governor would be appointed by the
President from among the candidates nominated by the Regional Legislative
Council (DPRD) at the provincial level, as provinces are extensions of the
central government. Meanwhile, District and City Heads would be elected by the
DPRD at the district/city level, as regional autonomy is exercised at the
second-tier level. This reconstruction of regulations, both legally and
sociologically, aligns with Article 18, paragraph (4) of the 1945 Constitution
and aims to mitigate horizontal conflicts in society while philosophically
promoting the value of justice.
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Pages:123-129
How to cite this article:
Sri Endah Wahyuningsih, Zulfa Asma Vikra, Widayati "Reconstruction of regulations for the election of governors, regents, and mayors in Indonesia based on the value of justice". International Journal of Law, Vol 9, Issue 5, 2023, Pages 123-129
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