Recruitment of Candidate of Region Head Based on Law Number 10 of 2016

By Wiredarme | Journal of Legal, Ethical and Regulatory Issues, January 1, 2018 | Go to article overview

Recruitment of Candidate of Region Head Based on Law Number 10 of 2016


Wiredarme, Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

Indonesia is a country that upholds the values of Democratic Law based on Pancasila and the Constitution of 1945 of the Republic of Indonesia (Padmo, 1982; Philipus, 1987; Sjachran, 1985), upholds human rights, protects the whole Indonesian nation and the entire Indonesian, promotes the common prosperity, educates the nation and realizing social justice1.

Democracy viewed from the institutional aspect is the primacy of the continuing democratic political practices, so that there are political parties, elections and free press. In a country that embraces constitutionalism (constitutional democracy) one characteristic is its passive nature of government, in the sense that the government is only the executor of the various wishes of the people formulated by its representatives in parliament. The state has a smaller role than the people's role.

In the future development of a democracy state, it is time for democratic practices to be abandoned and replaced by a real democracy, a democracy that places the people as the main determinant in the administration of the state both in government, politics, economy and socio-culture. Therefore, democracy in essence cannot be separated from "people" and "people's sovereignty" (Juanda, 2004).

The most fundamental thing in democracy is the participation of the people, as well as collective agreements or consensus to achieve the goals that formulated together. The development of decentralization demands a democratic process not only at the central level but at the regional level, such as governor elections, mayoral elections and chairman of village elections.

At the level of its implementation, the organizer of elections, especially the election of Regional Heads regulated by law in a system of Indonesian constitutional system (Wirjono, 1989)2, is always changing. Law on local governance organizing the election of regional heads, prior to the amendment of the Constitution of 1945 for the first time Law no. 1 of 1945 known as the National Committee of the Region, until the Law on Local Government no. 22 of 1999 and the Law on Local Government no. 32 of 2004, which was amended by Law on the Election of Regional Head no. 10 of 2016.

Thus based on the descriptions above, the author is interested in researching the recruitment system of candidates for the regional head. It is important to be studied and analysed with various problems that arise especially to the void of norms regulating the candidates of regional heads derived from a combination of individuals with political parties and or a combination of political parties.

DISCUSSION

Recruitment of Candidates of Regional Head by the Law Number 10 of 2016

Candidates from Political Parties and Combined Political Parties

In accordance with the provisions of Law Number 10 of 2016 about the Second Amendment to Law Number 1 of 2015 on the Stipulation of legislation number 1 of 2014 on the Election of Governors, Regents and Mayors Become Laws Article 40 and Article 40A regulate:

Article 40:

A Political Party or a coalition of Political Parties may register a pair of candidates if they are complete the terms of acquisition of at least 20% (twenty percent) of the total of parliamentary seats or 25% (twenty five percent) of the accumulation of valid votes in the election of members of the Parliament in the region concerned.

Article 40 A:

* Political Parties who can register a pair of candidate as referred to in Article 40 shall be valid Political Parties in accordance with the provisions of legislation.

* In a dispute over the management of a Political Party as referred to in paragraph (1), the management of the Central Political Parties who may register the pair of candidate is the management of the Central Political Party which has obtained the decision of the Party Court or other titles and registered and stipulated by the decision of the minister who organize the government affairs in the field of law and human rights. …

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