CD Skripsi
Politik Hukum Pembatasan Usia Calon Kepala Daerah Berdasarkan Pasal 7 Ayat 2 E Undang-Undang Nomor 10 Tahun 2016 Tentang Perubahan Kedua Atas Undang- Undang No 1 Tahun 2015 Tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 Tahun 2014 Tentang Pemilihan Gubernur, Bupati, Dan Walikota Menjadi Undang-Undang
ABSTRACT
Political rights in relation to the preservation of state life, in article 7
paragraph 2 E Law, Number. 10 '' The year 2016 reads that every person who
wants to nominate a regional head must be at least 30 (thirty) years old for the
candidate for Governor and candidate for Deputy Governor, 25 (twenty five)
Years for the candidate for Regent and candidate for Deputy Regent as well as for
the candidate for Mayor and candidate for Deputy Mayor ''. There is a related
gap in article 7 paragraph (2) huru e of the Law on Regional Head Elections
which contradicts Article 28 J of the 1945 Constitution which contains
restrictions on the rights of citizens, but with the intention of guaranteeing
recognition and respect for the rights and freedoms of others and fulfilling
demands that are just, according to considerations of moral, religious values,
security and public order in a democratic society. Contrary to Article 18
paragraph (4) of the 1945 Constitution concerning regional head elections which
states that regional heads are elected democratically. The regulation is also
considered to be contradicting Article 28 D paragraph (1) of the 1945
Constitution which states that everyone has the right to receive equal treatment.
This makes young people excluded from political contestation and the people are
not free to choose candidates from the youth group. And also regional head
elections are inconsistent with other laws and regulations that regulate a person's
adult age limit. Likewise, article 330 of the civil law book states that after the age
of 21 he is considered to be an adult.
This type of research is normative research. namely research conducted by
means of library materials or secondary materials. In this case the researcher
conducts normative legal research which discusses legal principles, in the form of
an effort to discover basic philosophical principles. In this case, the researcher
discusses the political age limit in the candidacy of regional heads based on
statutory regulations. This research is conducted by examining secondary
materials or research based on standard rules that have been recorded, also
known as literature studies.
In the results of the research, there are two points that can be concluded.
First, the Legal Politics of determining the Age Limit for candidates for Regional
Head in Law No. 10 of 2016 that in order to become a regional head, a person is
required to meet the requirements including the minimum age limit to become a
regional head, which basically means that the elected regional head will have
knowledge and ability as regional leaders able to think and act and behave by
prioritizing the interests of the nation, state and society. Second. for someone to
serve as a public official, a leader is needed who has intellectual, high social
sense, politeness, innovative, creative, and able to make the right decisions wisely
to solve a problem that occurs. in this case the authors argue that at the age of 21
years.
Keywords: Legal Politics - Age Limitation - Regional Head Candidates
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