SISTEM PEMILIHAN KEPALA DAERAH SECARA DEMOKRATIS

M. HADIN MUHJAD, 090315236 D (2007) SISTEM PEMILIHAN KEPALA DAERAH SECARA DEMOKRATIS. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Official URL: http://lib.unair.ac.id

Abstract

The title of this dissertation is " The System of Democratic General Election of The Head Of Local Government " In this dissertation, two legal issues are studied : (1) the system of indirect general election of the Head of local Government and (2) the system of direct general election of the Head of Local Government. It is a normative study, by which it studies positive law and the general principles of law. This study employs statute approach, historical approach and conceptual approach. Legal materials used in this study are primary legal materials and secondary legal materials. The primary legal materials are analyzed through interpretation method, systematized through categorization and teleology, They are legally structured to create a legal theory. From this research, it is found, historically, the former Act on Regional Government Indonesia has ever enacted adopted the system of indirect general election of the Head of Local Government. There are three patterns of such a system (1) appointment by the central government, (2) appointment base on nomination by Local Council; and (3) election by the Local Council. Whatever the pattern was, it was undemocratic since the the central government is dominant. The Local Council is too weak to the centeral government. As a matter of fact the Local Council is authorized to elect the Head of Local Administration but the elected candidate may be annulled and refused to inaugurate by the central govememnt. Law No.32 of 2004, however, stipulates that general election of the Head of Local Government shall be held by the people directly. Such a system, nevertheless, is not general election under the General Election Law. This law, consequently, does not apply to the general election of the Head of Local Government. The system of direct general election of the Head of Local Government prescribed in Law No. 32 of 2004 proves undemocratic. If the general election of the Head of Local Government is held democratically pursuant to Article 18 paragraph (4) of the amended 1945 Constitution, it shall be conducted indirectly by the Local Council under the rules and transparant as well as accountable procedures. The central government, then just endorses. It is also possible that the general election of the Head of Local Administration is conducted directly by the people but it should be held under democratic parameter.

Item Type: Thesis (Disertasi)
Additional Information: KKB KK-2 Dis H.07/08 Muh s
Uncontrolled Keywords: Direct General Election,Head of Local Government, Indirect General Election.
Subjects: K Law
K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K(520)-5582 Comparative law. International uniform law > K3154-3370 Constitutional law > K3289-3367 Organs of government
K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K(520)-5582 Comparative law. International uniform law > K3154-3370 Constitutional law > K3289-3367 Organs of government > K3290-3304 The people. Election law
Divisions: 09. Sekolah Pasca Sarjana > Ilmu Hukum
Creators:
CreatorsEmail
M. HADIN MUHJAD, 090315236 DUNSPECIFIED
Contributors:
ContributionNameEmail
ContributorPhilipus Mandiri Hadjon, Prof. Dr., SHUNSPECIFIED
ContributorTatiek Sri Djatmiati, Dr., SH., MSUNSPECIFIED
Depositing User: Tn Joko Iskandar
Date Deposited: 18 Oct 2016 03:12
Last Modified: 05 Jul 2017 21:39
URI: http://repository.unair.ac.id/id/eprint/32544
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