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INDONESIA
Indonesian Journal of Pancasila and Global Constitutionalism
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 28300610     DOI : https://doi.org/10.15294/ijpgc
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal publishes cutting-edge peer-reviewed work which refers to and advances global constitutionalism and study of Pancasila as an interdisciplinary field. Submissions are invited from a broad range of disciplines including International Law, Political Science, International Relations, Comparative Constitutional Law, Comparative Politics, Political Theory and Philosophy including the comparative analysis of Pancasila practices and another national ideologies in the global perspective.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 11 Documents
 1   2 
Constitutional Legitimacy of Regional Head Elections by Regional People's Representative Councils (DPRD) Hizran Al Farizy Pahlepi
Indonesian Journal of Pancasila and Global Constitutionalism Vol. 5 No. 1 (2026): Vol. 5 No. 1 (2026): January-June, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijpgc.v5i1.47184

Abstract

The mechanism for electing regional heads in Indonesia has long been the subject of constitutional debate, particularly regarding whether such elections must necessarily be conducted directly by the people or whether elections conducted through representative institutions such as Regional People's Representative Councils (DPRD) may also satisfy constitutional requirements. Article 18 paragraph (4) of the 1945 Constitution states that governors, regents, and mayors are elected democratically, yet the provision does not explicitly determine the electoral mechanism to be used. This ambiguity has generated various interpretations among scholars and policymakers regarding the constitutional meaning of democratic elections at the regional level. This article examines the constitutional legitimacy of regional head elections conducted by DPRD within the framework of representative democracy. Using normative legal research methods and constitutional interpretation approaches, this study analyzes textual, systematic, and  teleological interpretations of the relevant constitutional provisions. The study also evaluates democratic legitimacy through theoretical perspectives on representation, accountability, and democratic governance. The findings indicate that elections conducted by DPRD may still be considered constitutionally legitimate because DPRD members derive their authority from democratic elections and function as representatives of the people. However, such mechanisms also raise several concerns related to political participation, elite domination, and institutional accountability in local governance. Therefore, maintaining democratic legitimacy requires strong institutional safeguards, transparency mechanisms, and effective public oversight to ensure that representative electoral processes remain accountable to citizens.

Page 2 of 2 | Total Record : 11

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