Legalitas: Jurnal Hukum
Vol 18, No 1 (2026): Juni

Pilkada Langsung dan Paradoks Desentralisasi: Ketidakseimbangan Antara Legitimasi Politik dan Kewenangan Pemerintahan Daerah di Indonesia

Ahmad Jumadil (Fakultas Hukum Universitas Batanghari)
Supeno Supeno (Program Magister Ilmu Hukum Universitas Batanghari Jambi)
Nazifah Nazifah (Fakultas Hukum Universitas Batanghari)



Article Info

Publish Date
14 Jul 2026

Abstract

This study aims to examine how the method of selecting regional heads is inextricably linked to the design of decentralization within Indonesia's constitutional system. Debates regarding direct versus indirect regional head elections are often viewed merely through the lenses of democratic procedure, political efficiency, or local government stability. Yet, a deeper perspective—specifically, how authority is regulated and distributed between central and regional governments within the framework of autonomy—is frequently overlooked. This study explores the extent to which regional head election mechanisms truly align with decentralization principles, particularly from the perspective of asymmetric decentralization. Employing a normative legal approach, the study draws upon statutory regulations and conceptual frameworks. Primary legal sources consist of regulations concerning regional government and regional head elections, while secondary sources include relevant literature and prior research findings. The study reveals an imbalance: while directly elected regional heads possess strong political legitimacy, the actual authority exercised by regional governments remains limited due to a system that is still relatively centralized. This situation creates a paradox in the decentralization design: strong local political legitimacy exists alongside insufficient authority to manage regional governance. Consequently, the debate over regional head election mechanisms cannot be divorced from broader issues regarding decentralization design and the division of authority between the central and regional governments within Indonesia's constitutional system.

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Journal Info

Abbrev

Legalitas

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Legalitas: Jurnal Hukum is a peer-reviewed open access journal that aims to share and discuss current issues and research results. This journal is published by Center for Law Research and Development, Master of Law Program, Batanghari University, Legalitas: Jurnal Hukum contains research results, ...