CD Skripsi

Politik Hukum Dalam Pengisian Jabatan Kepala Desa Ditinjau Dari Sistem Ketatanegaraan Di Indonesia

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The Constitutional Court through Constitutional Court Decision Number 42/PUU-XIX/2021 decided that Article 39 Paragraph (2) of Law Number 6 of 2014 concerning Villages is contrary to the 1945 Constitution of the Republic of Indonesia and does not have conditionally binding legal force as long as it is not interpreted. , "Village heads who have served 1 (one) term, either based on Law of the Republic of Indonesia Number 6 of 2014 concerning Villages or based on previous laws are still given the opportunity to serve 2 (two) terms. Likewise, village heads who have served 2 (two) terms, both based on Law of the Republic of Indonesia Number 6 of 2014 concerning Villages and based on previous laws, are still given the opportunity to serve 1 (one) term." These two decisions have contributed significantly to the arrangement of village elections in Indonesia, especially for village head candidates who are no longer required to reside in the local village.
The type of research used in this research is normative legal research. Normative legal research essentially examines laws that are conceptualized as norms or rules that apply in society, and become a reference for everyone's behavior. According to Soerjono Soekanto and Sri Mamudji, normative research is legal research carried out by examining library materials or secondary data.This research examines the main problem in accordance with the scope and identification of the problem through a Statute approach which is carried out by examining the laws and regulations that are related to the legal issue being studied. In this normative research, the author conducts research on legal principles, by first identifying the legal rules that have been formulated in certain legislation.
The problem of the Village Head's term of office in statutory regulations is experiencing dynamics. The peak is that the position of Village Head becomes longer in the Village Law, namely six years and can be re-elected for two terms of office, and this long term of office is reinforced by Constitutional Court Decision No.42/PUUXIX/2021, which makes the term of office for Village Heads three terms. constitutional. Weaknesses of the three-term village head term of office create injustice for non-incumbent village heads, considering that incumbent village heads can use public facilities and funds from the APBDes to campaign, and are vulnerable to bureaucratic neutrality in village elections. The constitutional system of the Republic of Indonesia is to make the Village Head's term of office one period. This change is needed so that the Village Head is more focused on work and is not distracted by the campaign schedule and the desire to be re-elected.

Keywords: Constitutional Court, Village Election, Position Filling

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909110599

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Tata Negara., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909110599

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

Vina

Versi lain/terkait

Lampiran Berkas

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