The Issue of Village Communities Constitutional Rights on Supervision of Village Head Election; [Isu Hak Konstitusional Masyarakat Desa Terhadap Kewenangan Pengawasan Pemilihan Kepala Desa]

Open

Supriyadi A. Arief, Rahmat Teguh Santoso Gobel

2022 Jurnal Konstitusi Vol. 19 Issue 4 Article Cited by 3 SDG 16 Quartile

Abstract

The election of village heads (Pilkades) is the representation of democracy at the village level. Nevertheless, the supervision mechanism by the district/city level election committee (PPK) becomes problematic when the authority also coincides with the authority to operate. It is important to know the legal construction regarding the supervision of village head elections and the model of village head election supervision in the future. These will be analyzed normatively using a statutory approach, case approach, and concept approach. The results of this study show that Pilkades is an important process to actualize the Constitutional rights of communities, democracy and village autonomy. However, the regulations governing the pilkades are not in line with democratic values and the principle of free and fair election because of the unification of the authority to operate and supervise simultaneously at the Village Head Election Committee formed by the regional Head. Therefore, improvements to the supervision of the Pilkades in the future can be carried out with three models, namely: involving district/city Bawaslu, forming district/city Pilakdes Supervisors, direct supervision by district/city Bawaslu. © 2022, Registrar and Secretariat General of the Constitutional Court of the Republic of Indonesia. All rights reserved.

Affiliations

Fakultas Hukum, Universitas Negeri Gorontalo, Jl. Jend.Soedirman No.6, Kota Gorontalo, Indonesia; Fakultas Syariah Institut Agama Islam Negeri Sultan Amai Gorontalo, Jl. Gelatik, Kota Gorontalo, Indonesia

Research at a Glance

Premium content — register to unlock

Research at a Glance

Register to unlock

Topics & SDG Alignment

Premium content — register to unlock

Topics & SDG Alignment

Register to unlock

Collaboration

Premium content — register to unlock

Collaboration

Register to unlock

Author Profile (Selected)

Premium content — register to unlock

Author Profile (Selected)

Register to unlock

References Overview

Premium content — register to unlock

References Overview

Register to unlock

Journal & Source

Premium content — register to unlock

Journal & Source

Register to unlock

Metadata & Integrity

Premium content — register to unlock

Metadata & Integrity

Register to unlock