Perpanjangan Masa Jabatan Kepala Desa Terhadap Prinsip Pembatasan Kekuasaan Berdasarkan Putusan Mahkamah Konstitusi

In the post-amendment period to the 1945 Constitution of the Republic of Indonesia, regulations regarding the administration of village government have been regulated in all kinds of national level legislation which have undergone changes and changes to regulations. Just as a country is led by a head of state, namely the President, the village government is also led by a Village Head. The plan to extend the term of office of village heads began with the initiation of APDESI and PPDI as well as thousands of masses of village heads from all over Indonesia who held a demonstration in front of the DPR RI Building on January 17 2023 by bringing demands to the DPR RI to revise RI Law No. 6 Years. 2014, namely in Article 39 paragraph (1) which regulates the term of office of the village head. Regulations for extending the term of office of village heads in Article 39 and Article 118 of Republic of Indonesia Law no. 3 Years. 2024 must be reviewed for its suitability with the concept of the rule of law and the principles of constitutionalism and democracy which are upheld in the regulation of terms of office according to the constitution which has then been confirmed in the Constitutional Court Decision Number 42/PUU-XIX/2021. This research is normative juridical legal research, which is generally carried out through examination of library materials or secondary data. The types of approaches that the author uses include the statute approach and the conceptual approach. The judge's considerations as legal considerations in the MKRI Decision No. 41/PUU-XIX/2021 which decides cases regarding the regulation of the term of office of village heads is the basic reference in this research on Republic of Indonesia Law no. 3 Years. 2024. Indonesia as a democratic rule of law becomes contradictory if the limitations on power that have been regulated in statutory regulations are always considered insufficient, even though previously the term of office of village heads had been extended through Republic of Indonesia Law No. 32 Yr. 2004 and Republic of Indonesia Law no. 6 Years. 2014.

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Journal
Widya Yuridika
Published
2025-09-04
DOI
https://doi.org/10.31328/wy.v8i2.6233
Primary Topic
Legal Studies and Policies
Type
article
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article

Perpanjangan Masa Jabatan Kepala Desa Terhadap Prinsip Pembatasan Kekuasaan Berdasarkan Putusan Mahkamah Konstitusi

Muhammad Rizqi Hilal Ilham Ramadhan, Adhitya Widya Kartika
Widya Yuridika
Legal Studies and Policies
article

Perpanjangan Masa Jabatan Kepala Desa Terhadap Prinsip Pembatasan Kekuasaan Berdasarkan Putusan Mahkamah Konstitusi

Muhammad Rizqi Hilal Ilham Ramadhan, Adhitya Widya Kartika
article en

Abstract

In the post-amendment period to the 1945 Constitution of the Republic of Indonesia, regulations regarding the administration of village government have been regulated in all kinds of national level legislation which have undergone changes and changes to regulations. Just as a country is led by a head of state, namely the President, the village government is also led by a Village Head. The plan to extend the term of office of village heads began with the initiation of APDESI and PPDI as well as thousands of masses of village heads from all over Indonesia who held a demonstration in front of the DPR RI Building on January 17 2023 by bringing demands to the DPR RI to revise RI Law No. 6 Years. 2014, namely in Article 39 paragraph (1) which regulates the term of office of the village head. Regulations for extending the term of office of village heads in Article 39 and Article 118 of Republic of Indonesia Law no. 3 Years. 2024 must be reviewed for its suitability with the concept of the rule of law and the principles of constitutionalism and democracy which are upheld in the regulation of terms of office according to the constitution which has then been confirmed in the Constitutional Court Decision Number 42/PUU-XIX/2021. This research is normative juridical legal research, which is generally carried out through examination of library materials or secondary data. The types of approaches that the author uses include the statute approach and the conceptual approach. The judge's considerations as legal considerations in the MKRI Decision No. 41/PUU-XIX/2021 which decides cases regarding the regulation of the term of office of village heads is the basic reference in this research on Republic of Indonesia Law no. 3 Years. 2024. Indonesia as a democratic rule of law becomes contradictory if the limitations on power that have been regulated in statutory regulations are always considered insufficient, even though previously the term of office of village heads had been extended through Republic of Indonesia Law No. 32 Yr. 2004 and Republic of Indonesia Law no. 6 Years. 2014.

Widya YuridikaVol. 8(2)
University of Pembangunan Nasional Veteran Jawa Timur (ID)
Openalex Percentile: Top 63%
Legal Studies and Policies
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Perpanjangan Masa Jabatan Kepala Desa Terhadap Prinsip Pembatasan Kekuasaan Berdasarkan Putusan Mahkamah Konstitusi — Muhammad Rizqi Hilal Ilham Ramadhan, Adhitya Widya Kartika · Widya Yuridika (2025) | TGRS Research Map | TGRS