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All Journal JURNAL MAGISTER HUKUM UDAYANA TRANSFORMASI: Jurnal Manajemen Pemerintahan
Kelik Iswandi
Pengadilan Negeri Sengkang
Law, Crime, Criminology & Criminal Justice Social Sciences

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Reconstruction of Village Head Election Dispute Settlement Septi Nur Wijayanti; Nanik Prasetyoningsih; Tanto Lailam; Kelik Iswandi
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 13 No 1 (2024)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2024.v13.i01.p01

Abstract

The resolution of disagreements regarding the outcomes of the village head election is still a topic of debate at this time. The resolution of complaints over the outcomes of the village head election must comply with Law Number 6 of 2014 Concerning Villages, however, the regent holds a political office and is therefore particularly susceptible to the independence of conflict resolution. In this study, the regent's handling of village head election issues was examined using the principle of the separation of powers. This normative legal research looked at elementary, secondary, and tertiary legal materials to address these issues. The results of this study indicated that the position of the regent is part of the executive branch of power, so it does not have the authority to judge. Therefore, the regent must form a dispute resolution team consisting of community leaders who have the capability to resolve disputes. The decision from the team is binding, and if there is still a candidate for village head who does not accept it, they can submit a legal process to the State Administrative Court.
Konflik Kepala Daerah: Strategi Pencegahan dan Penyelesaian Kelik Iswandi
TRANSFORMASI: Jurnal Manajemen Pemerintahan TRANSFORMASI: Jurnal Manajemen Pemerintahan- Vol. 16 (2), 2024
Publisher : Institut Pemerintahan Dalam Negeri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33701/jtp.v16i2.4440

Abstract

The Local Chief Executive and Vice elections in Indonesia are conducted together, which leads to potential conflicts in the relationship between both parties. Therefore, this research aimed to examine the causes and mechanisms for resolving conflicts between Local Chief Executive and Vice. This is empirical juridical research with the primary, secondary, and tertiary data analyzed through the utilization of a statutory and conceptual approach. The results showed that the conflict between the Local Chief Executive and the Vice was caused by the absence of chemistry and a clear division of duties. The two alternative mechanisms that can be used to prevent the conflict are mate selection during the nomination period, and the application of an agreement mechanism in accordance with the laws and political agreements. Vertical settlement mechanism, which enables the Local House of Representative (DPRD) was adopted to resolve persistent conflict in accordance with the controlling function. This mechanism is a new concept that can be used as a guideline for resolving Local Chief Executive conflicts in Indonesia.
Co-Authors Nanik Prasetyoningsih Septi Nur Wijayanti Tanto Lailam