Jurnal Penelitian Serambi Hukum
Vol 19 No 02 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 02 Tahun 2026 (Februari-Juli)

Model Pengisian Kepala Daerah Secara Demokratis (Gagasan Terhadap Kegagalan Calon Tunggal dalam Pemilihan Kepala Daerah)

Gunawan Arifin (Universitas Tadulako)
Imran Imran (Universitas Tadulako)
Isman Bruaharja (Universitas Tadulako)



Article Info

Publish Date
11 May 2026

Abstract

This study aims to examine and explain the nature of democratic elections and to formulate a model for democratically filling positions in accordance with the 1945 Constitution of the Republic of Indonesia. This type of research will use normative research with a reflective inventory and evaluation of regulations governing democratic regional head elections, as provided for in the 1945 Constitution of the Republic of Indonesia. Various obstacles to the implementation of elections will be inventoried as input for formulating a democratic position-filling model following the 1945 Constitution of the Republic of Indonesia. The results of the study conclude that: 1) Democratic elections require that the election process uphold democratic values, including the protection of political rights, equality and electoral justice. Regulations governing elections through a single candidate mechanism do not yet reflect democratic elections because they only accommodate the fulfilment of citizens' political rights, namely the right to be elected and to vote, but ignore the values ??of equality and electoral justice; 2). The model for filling regional head positions is based on Pancasila democracy, which requires deliberation to reach consensus grounded in divinity, humanity, unity, and justice.

Copyrights © 2026






Journal Info

Abbrev

SH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Serambi Hukum was open for researchers, lecturers, students, and practitioners who have interest to publishing the original research articles especially in legal field. The focus and scope of articles that published in Jurnal Serambi Hukum are : 1.Criminal Law (Hukum Pidana) 2.Civil Law ...