Awang Long Law Review
Vol. 9 No. 1 (2026): Awang Long Law Review

A NORMATIVE-JURIDICAL ANALYSIS OF THE AMENDMENT TO VILLAGE HEAD TENUREIN THE PERSPECTIVE OF THE RULE OF LAW AND PEOPLE'S SOVEREIGNTY

Sari (Faculty of Law, University of Pertiba, Pangkalpinang, Indonesia)
Yandi (Faculty of Law, University of Pertiba, Pangkalpinang, Indonesia)
Junaidi Abdillah (Faculty of Law, University of Pertiba, Pangkalpinang, Indonesia)



Article Info

Publish Date
12 Oct 2026

Abstract

The extension of village head tenure has sparked constitutional controversy, threatening the foundations of the rule of law and democracy in Indonesia. This practice generates legal uncertainty through regulatory inconsistencies between the Village Law and its derivative regulations, while simultaneously eroding the principle of power periodicity as a checks and balances mechanism. Despite intensive debate among scholars and practitioners, no comprehensive study has analyzed this phenomenon through the dual lens of the rule of law and people's sovereignty. This research aims to examine the contradictions between village head tenure extension and the principles of legal certainty and legislative hierarchy, while investigating its implications for participatory democracy and village governance accountability. Employing normative juridical methods with statutory, conceptual, and case approaches, complemented by empirical-juridical analysis through field studies in three villages with tenure extension cases, the research reveals that village head tenure extension violates the lex superior derogat legi inferiori principle by disregarding constitutional term limitations, undermining legal certainty, and creating opportunities for the abuse of authority. Democratically, this practice impedes leadership regeneration, restricts citizens' political rights, and weakens village governance accountability. The study recommends regulatory revision to reinforce term limitations, strengthen legislative and participatory oversight, and enhance legal awareness among village communities to preserve the integrity of democratic and equitable village governance systems.

Copyrights © 2026






Journal Info

Abbrev

awl

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Awang Long Law Review known as the ALLRev launched on November 1, 2018 and inaugurated formally by Chairman of the Awang Long School of Law. Besides "The Juris" Journal of Legal Sciences, Awang Long Law Review (ALLRev) is the official journal of the Awang Long School of Law published biannually (May ...