Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Vol. 7 Issue 2 (2024) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi

Democratic Values ​​in Nagari: An Analysis on Electoral System Shifts in One Province of Indonesia

Yarni, Meri (Unknown)
Prasna, Adeb Davega (Unknown)
Yetniwati, Yetniwati (Unknown)
Saputra, Beny (Unknown)



Article Info

Publish Date
15 Dec 2024

Abstract

The Nagari system, a traditional form of regional government in Minangkabau, has historically employed a direct election method that empowers community members to elect their leaders. This model of participation aligns with the democratic values enshrined stated in the 1945 Constitution and the principles of human rights. However, a 2018 regulation altered this process, transitioning the selection of Nagari leaders from direct community engagement to an indirect election facilitated by the Nagari Traditional Council (KAN). This change was justified as a means to prevent the election of leaders who do not reflect the community’s values. This article seeks to identify the most effective democratic framework for village communities, particularly Nagari societies. The primary issue at hand is the shift from direct democracy to representative democracy in the election of Nagari leaders, instigated by Regional Regulation Number 7 of 2018. Utilizing normative legal research methods, this study emphasizes that the new regulation risks undermining democratic values ​​by restricting direct voter engagement. The findings suggest that these modifications to the electoral process weaken the foundational principles of democracy in Nagari by curtailing direct community participation, a vital aspect of local governance and social cohesion. Therefore, it is essential to reevaluate these regulations to safeguard the democratic rights and participatory traditions of the Nagari community, ensuring alignment with constitutional principles of direct democracy and comprehensive citizen involvement.

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Journal Info

Abbrev

volksgeist

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Volksgeist: Jurnal Ilmu Hukum dan Konstitusi has published by Sharia Faculty of UIN Prof. K.H. Saifuddin Zuhri Purwokerto. Volksgeist has a focus in publishing the research, and conceptual ideas which specific in the sector of Law science. The topics which relate generally to Law issues in Indonesia ...