Political Law means that The Election of Regional Heads is Democratically Elected

The election of regional heads (Pilkada) in Indonesia, which is regulated in Article 18 Paragraph (4) of the 1945 Constitution, has important implications in realizing the principles of democracy and regional autonomy. This article emphasizes that regional heads are elected directly by the people. This study aims to analyze the legal politics contained in Article 18 Paragraph (4) of the 1945 Constitution related to the election of democratic regional heads. Using a normative analysis approach, this study explores the relationship between the principles of democracy, decentralization, and the implementation of regional autonomy in the context of the Regional Elections. The results of the study show that although Article 18 Paragraph (4) provides a constitutional basis for direct regional elections, it also does not rule out the possibility that the election of regional heads through the Regional Representative Council (DPRD) both at the provincial and city district levels, its implementation still faces challenges in terms of the quality of democracy, local political influence, and imbalance between the central and regional governments. The study also identifies the importance of reforms to realize effective decentralization and better quality democracy at the regional level.

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Publication Details

Journal
Dame Journal of Law
Published
2025-03-15
DOI
https://doi.org/10.64344/djl.v1i1.17
Primary Topic
Political Systems and Governance
Type
article
Field-Weighted Citation Impact
0.00
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article

Political Law means that The Election of Regional Heads is Democratically Elected

Ratna Herlina, Nur Rohim Yunus, Rahmad Lubis, Aliyeva Patimat Shapiulayyevna
Dame Journal of Law
Political Systems and Governance
article

Political Law means that The Election of Regional Heads is Democratically Elected

Ratna Herlina, Nur Rohim Yunus, Rahmad Lubis, Aliyeva Patimat Shapiulayyevna
article en

Abstract

The election of regional heads (Pilkada) in Indonesia, which is regulated in Article 18 Paragraph (4) of the 1945 Constitution, has important implications in realizing the principles of democracy and regional autonomy. This article emphasizes that regional heads are elected directly by the people. This study aims to analyze the legal politics contained in Article 18 Paragraph (4) of the 1945 Constitution related to the election of democratic regional heads. Using a normative analysis approach, this study explores the relationship between the principles of democracy, decentralization, and the implementation of regional autonomy in the context of the Regional Elections. The results of the study show that although Article 18 Paragraph (4) provides a constitutional basis for direct regional elections, it also does not rule out the possibility that the election of regional heads through the Regional Representative Council (DPRD) both at the provincial and city district levels, its implementation still faces challenges in terms of the quality of democracy, local political influence, and imbalance between the central and regional governments. The study also identifies the importance of reforms to realize effective decentralization and better quality democracy at the regional level.

Dame Journal of LawVol. 1(1)
Syarif Hidayatullah State Islamic University Jakarta (ID), Dagestan State University (RU), Institut Agama Islam Negeri Bengkulu (ID), Universitas Pamulang (ID)
Openalex Percentile: Top 79%
Political Systems and Governance
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