Yandi
Faculty of Law, University of Pertiba, Pangkalpinang, Indonesia

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A NORMATIVE-JURIDICAL ANALYSIS OF THE AMENDMENT TO VILLAGE HEAD TENUREIN THE PERSPECTIVE OF THE RULE OF LAW AND PEOPLE'S SOVEREIGNTY Sari; Yandi; Junaidi Abdillah
Awang Long Law Review Vol. 9 No. 1 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v9i1.2324

Abstract

The extension of village head tenure has sparked constitutional controversy, threatening the foundations of the rule of law and democracy in Indonesia. This practice generates legal uncertainty through regulatory inconsistencies between the Village Law and its derivative regulations, while simultaneously eroding the principle of power periodicity as a checks and balances mechanism. Despite intensive debate among scholars and practitioners, no comprehensive study has analyzed this phenomenon through the dual lens of the rule of law and people's sovereignty. This research aims to examine the contradictions between village head tenure extension and the principles of legal certainty and legislative hierarchy, while investigating its implications for participatory democracy and village governance accountability. Employing normative juridical methods with statutory, conceptual, and case approaches, complemented by empirical-juridical analysis through field studies in three villages with tenure extension cases, the research reveals that village head tenure extension violates the lex superior derogat legi inferiori principle by disregarding constitutional term limitations, undermining legal certainty, and creating opportunities for the abuse of authority. Democratically, this practice impedes leadership regeneration, restricts citizens' political rights, and weakens village governance accountability. The study recommends regulatory revision to reinforce term limitations, strengthen legislative and participatory oversight, and enhance legal awareness among village communities to preserve the integrity of democratic and equitable village governance systems.