CD Skripsi

Penataan Lembaga Dalam Penyelesaian Sengketa Hasil Pemilihan Kepala Desa Berdasarkan Peraturan Perundang-Undangan

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ABSTRACT
The 1945 Constitution of the Republic of Indonesia emphasizes that the Indonesian state is a unitary state divided into provinces, districts or cities. Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia recognizes customary law community units and their traditional rights as long as they still exist and are in accordance with the principles of the Unitary State of the Republic of Indonesia. The basic idea of Article 18B paragraph (2) is to give respect and recognition to villages that have traditional rights or in other terms origin rights. Village administration is led by the village head. The village head is directly elected by the people as a form of democracy or village people's sovereignty. However, this election has potential problems, one of which is the dispute over the results of the village head election. Law Number 6 of 2014 concerning Villages stipulates that disputes over village head election results are resolved by the Regent/Mayor. This has the potential not to solve the problem because it is not in accordance with the original village autonomy. The principle of recognizing the origins of village communities which is accommodated as the principle of independence in the Village Law is not fully implemented in the articles. As evidence, there is still intervention or interference from the district/city government in resolving disputes over the results of the Village Head election which should be submitted to the Village through deliberations.
This type of research is normative legal research because it uses literature studies in searching for data. This research is descriptive in nature which provides detailed data on the existing problems. This study uses qualitative data analysis, which means explaining and concluding regarding the settlement of disputes over the results of village head elections based on laws and regulations and the form of arrangement of village head election organizers. This study uses secondary data or scientific data that has been codified.
The results of this study explain that first, the granting of authority to regional heads in order to resolve disputes over village head election results will raise new problems. Second, the village head election dispute resolution model that prioritizes deliberations according to the principle of genuine village autonomy must be implemented by the government if it fails to proceed with the alternative of appointing a neutral third party and the second alternative through a special court. Third, strengthening the position by including village head elections as one of the electoral regimes in Indonesia. Fourth, there is a need for ad hoc institutional restructuring of village head election organizers by including district KPU and district Bawaslu as part of the organizers.
Keywords : Village Head Election, Disputes, Village Head Election Institutions.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909110573

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Tata Negara., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909110573

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM TATA NEGARA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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