Filling The Position Of Regional Head According To Law Number 13 Of 2012 And Law Number 10 Of 2016

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Filling the Position of Regional Head According to Law Number 13 of 2012 and Law Number 10 of 2016

Introduction

The Indonesian constitutional system underwent significant transformation after the amendment to the 1945 Constitution of the Republic of Indonesia. One important aspect that underwent change is the mechanism for filling the position of regional head. In Article 18 paragraph (4) of the 1945 Constitution of the Republic of Indonesia, the phrase "democratically elected" provides a fairly flexible space, allowing two ways to fill the position, namely through direct elections by the people or through the Regional Representative Council (DPRD), in accordance with applicable laws and regulations.

The Evolution of Regional Head Elections in Indonesia

With the birth of Law Number 32 of 2004, regional head elections in Indonesia began to be regulated by direct election. This provision continues until now, with further arrangements in Law Number 10 of 2016. However, not all regions in Indonesia follow this direct election mechanism. For example, the Special Region of Yogyakarta (DIY) has different regulations, where filling the position of Governor and Deputy Governor is regulated based on Law Number 13 of 2012 which uses the determination mechanism.

The Normative Juridical Approach

This study takes a normative juridical approach that is descriptive analytic, with a data collection method through literature study. Data collected includes statutory regulations, books, official documents, publications, and other research results. For data analysis, a qualitative approach is used that focuses on secondary data.

Analysis of the Regulation on Filling the Position of Regional Head

Analysis of the regulation on filling the position of regional head according to Law Number 13 of 2012 and Law Number 10 of 2016 shows a number of differences. However, both of them did not conflict with the 1945 Constitution of the Republic of Indonesia. For example, Law Number 10 of 2016 emphasizes the principles of democracy and transparency in regional elections, while Law Number 13 of 2012 confirms the importance of determination in a special regional context, such as DIY.

The Importance of Understanding the Regulations

Through this understanding, we can draw the conclusion that the system of filling the position of regional head in Indonesia is strongly influenced by the existing legal framework, as well as the characteristics of their respective regions. This shows the importance of continuing to study and renew the relevant laws to be more responsive to the needs of the community and the state constitution.

From a practical point of view, a good understanding of these two laws can help the community in recognizing their rights and obligations in the democratic process at the regional level. Therefore, it is important for all parties to understand the regulations governing regional head elections to create a better and democratic government system in Indonesia.

The Role of Law Number 13 of 2012 and Law Number 10 of 2016

Law Number 13 of 2012 and Law Number 10 of 2016 play a crucial role in shaping the system of filling the position of regional head in Indonesia. While Law Number 10 of 2016 emphasizes the principles of democracy and transparency, Law Number 13 of 2012 confirms the importance of determination in a special regional context. This shows that the existing legal framework is responsive to the needs of the community and the state constitution.

Conclusion

In conclusion, the system of filling the position of regional head in Indonesia is strongly influenced by the existing legal framework, as well as the characteristics of their respective regions. This shows the importance of continuing to study and renew the relevant laws to be more responsive to the needs of the community and the state constitution. A good understanding of these two laws can help the community in recognizing their rights and obligations in the democratic process at the regional level.

Recommendations

Based on the analysis of the regulation on filling the position of regional head according to Law Number 13 of 2012 and Law Number 10 of 2016, the following recommendations can be made:

  • The government should continue to study and renew the relevant laws to be more responsive to the needs of the community and the state constitution.
  • The community should have a good understanding of the regulations governing regional head elections to create a better and democratic government system in Indonesia.
  • The Regional Representative Council (DPRD) should play a crucial role in shaping the system of filling the position of regional head in Indonesia.

Limitations of the Study

This study has several limitations, including:

  • The study only focuses on the regulation on filling the position of regional head according to Law Number 13 of 2012 and Law Number 10 of 2016.
  • The study does not consider other factors that may influence the system of filling the position of regional head in Indonesia.
  • The study only uses a qualitative approach, which may limit the generalizability of the findings.

Future Research Directions

Future research should consider the following directions:

  • A comparative study of the regulation on filling the position of regional head in different regions of Indonesia.
  • A study of the impact of the regulation on filling the position of regional head on the democratic process at the regional level.
  • A study of the role of the Regional Representative Council (DPRD) in shaping the system of filling the position of regional head in Indonesia.

References

  • Law Number 13 of 2012.
  • Law Number 10 of 2016.
  • Law Number 32 of 2004.
  • The 1945 Constitution of the Republic of Indonesia.
  • Books, official documents, publications, and other research results.
    Filling the Position of Regional Head According to Law Number 13 of 2012 and Law Number 10 of 2016: Q&A

Q: What is the main difference between Law Number 13 of 2012 and Law Number 10 of 2016 in terms of filling the position of regional head?

A: The main difference between Law Number 13 of 2012 and Law Number 10 of 2016 is the mechanism for filling the position of regional head. Law Number 13 of 2012 uses the determination mechanism, while Law Number 10 of 2016 emphasizes the principles of democracy and transparency in regional elections.

Q: What is the significance of the determination mechanism in Law Number 13 of 2012?

A: The determination mechanism in Law Number 13 of 2012 is significant because it allows for the appointment of a regional head through a special process, which is different from the direct election mechanism used in other regions.

Q: How does Law Number 10 of 2016 ensure the principles of democracy and transparency in regional elections?

A: Law Number 10 of 2016 ensures the principles of democracy and transparency in regional elections by requiring the use of direct elections, ensuring the independence of the election commission, and providing for the participation of civil society organizations in the electoral process.

Q: What is the role of the Regional Representative Council (DPRD) in shaping the system of filling the position of regional head in Indonesia?

A: The Regional Representative Council (DPRD) plays a crucial role in shaping the system of filling the position of regional head in Indonesia by providing input on the regulation of regional head elections and ensuring that the regulation is in line with the principles of democracy and transparency.

Q: How does the system of filling the position of regional head in Indonesia impact the democratic process at the regional level?

A: The system of filling the position of regional head in Indonesia has a significant impact on the democratic process at the regional level, as it determines who will hold power and make decisions for the region. A good understanding of the regulations governing regional head elections is essential for creating a better and democratic government system in Indonesia.

Q: What are the implications of the regulation on filling the position of regional head for the community?

A: The regulation on filling the position of regional head has significant implications for the community, as it determines who will represent their interests and make decisions on their behalf. A good understanding of the regulations governing regional head elections is essential for the community to recognize their rights and obligations in the democratic process at the regional level.

Q: What are the limitations of the study on the regulation on filling the position of regional head?

A: The study on the regulation on filling the position of regional head has several limitations, including the focus on only two laws, the lack of consideration of other factors that may influence the system of filling the position of regional head, and the use of a qualitative approach.

Q: What are the future research directions for the regulation on filling the position of regional head?

A: Future research directions for the regulation on filling the position of regional head include a comparative study of the regulation on filling the position of regional head in different regions of Indonesia, a study of the impact of the regulation on filling the position of regional head on the democratic process at the regional level, and a study of the role of the Regional Representative Council (DPRD) in shaping the system of filling the position of regional head in Indonesia.

Q: What are the recommendations for the government and the community in terms of the regulation on filling the position of regional head?

A: The recommendations for the government and the community in terms of the regulation on filling the position of regional head include continuing to study and renew the relevant laws to be more responsive to the needs of the community and the state constitution, having a good understanding of the regulations governing regional head elections, and ensuring that the regulation is in line with the principles of democracy and transparency.