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All Journal Journal of Law, Poliitic and Humanities
Zulwisman
Universitas Andalas
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Improvements to the Appointment of Regional Heads through Direct Elections from the Perspective of Article 18, Paragraph (4) of the 1945 Constitution Zulwisman; Charles Simabura
Journal of Law, Politic and Humanities Vol. 6 No. 4 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i4.3297

Abstract

This study examines the constitutional ambiguity of Article 18, paragraph (4) of the 1945 Constitution of the Republic of Indonesia regarding the phrase “elected democratically,” which serves as the legal basis for regional elections in Indonesia. Although regulations have evolved through Law No. 10 of 2016 to strengthen popular sovereignty, the practice of direct regional elections has instead become trapped in a “democratic pathology” characterized by 82% dominance by capital (financiers) and TSM (Structured, Systematic, and Massive) fraud. This phenomenon results in popular sovereignty being hijacked by transactional interests. Using a legal-normative approach, this study asserts that the sole solution to safeguard the integrity of local leadership appointments lies in reconstructing the oversight model. The integration of strengthened Bawaslu authority with the digitization of participatory oversight (Gowaslu) and community cadre development (SKPP) is an absolute prerequisite for restoring the dignity of elections in alignment with the principles of deliberation and representation.
Co-Authors Simabura, Charles