Despan Heryansyah, Despan
Universitas Islam Indonesia

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The Complexity of Village Democracy Problems in Law Number 6 of 2014 Concerning Village Heryansyah, Despan; Agustian, Tomi; Kalsum, Afif Ummi
JASSP Vol. 1 No. 2 (2021)
Publisher : LPPM Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23960/jassp.v1i2.36

Abstract

The implementation and institutionalization of democracy with the absence of substantial democratization in the lower level of community does necessarily cause a problem. What it has been becoming a culture and being embraced by people for hundred or even thousand years, would be difficult to be transformed, even though its canalization is in the form of constitution. It may work in the conceptual level yet it may find obstacles in the implementation one. This condition influences the implementation of Village Constitution. The village democracy institutionalization is the focus of this study that covers three forms, they are: the election of village head, the village head election disputes, and term of office of village head. The research method of this study is normative-juridical. The writer initially studied the juridical provisions concerning the three main problems above, and then analyzed the implementation problems in the field. The result of this research showed that the direct election of village heads, village head election disputes done by the regional head, and term of office of the village head office for six (6) years in three periods as it is written on Laws Number. 6 of 2014, causes many problems theoretically as well as philosophically. The result of this study is described descriptively and analytically in the analysis part
Constitutional Reinforcement of the Integration of Indonesian and Islamic Values Mahfud MD, Moh.; Heryansyah, Despan
Prophetic Law Review Vol. 7 No. 2 December 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol7.iss2.art2

Abstract

The importance of reaffirming the fundamental values of Indonesian arises from the emergence of issues such as radicalism, terrorism, intolerance, ethnicity, religious, racial, and intergroup-related conflicts, social and economic inequality, poor law enforcement and justice system, and many other social problems. This situation is further exacerbated by additional social, political, legal, and constitutional challenges. In addressing these issues, strengthening the rule of law based on the protection of human rights remains an imperative. However, reinforcing the fundamental values of Indonesian is equally crucial. Indonesian fundamental values are deeply rooted in and derived from the national identity of its people. This article focuses on three research questions. How to put religion and its values in the Indonesian fundamental values? How do Indonesian fundamental values deal with current political and legal turbulence? How does the implementation of Indonesian fundamental value pluralism in the legal system? This article is based on doctrinal research involving secondary data. This study found that Pancasila as the foundation of the state constitutes a modus vivendi or noble consensus, or mîtsâqon ghalîdzâ in a religious sense, so Indonesian Muslims should accept Pancasila as mîtsâqon ghalîdzâ. The strength of the national bond also stems from the commitment to the implementation of a unitary national law that is rooted in Pancasila, which generates hierarchical laws based on the 1945 Constitution of the Republic of Indonesia. As the state ideology, Pancasila constitutes the primary source of all legal sources. There should be no law conflicting with the precepts of Pancasila.