Dispute Resolution Model for Village Head Election Results: Examining the Authority of Regents/Mayors from the Perspectives of the Principles of Justice and Independence

The Village Head Election (Pilkades) is a vital expression of local democracy within Indonesia’s governance system. However, its implementation often gives rise to disputes, particularly concerning the election results. Law Number 6 of 2014 on Villages delegates the authority to resolve such disputes to the Regents/Mayors, which presents significant concerns related to the principles of justice and independence. This study aims to examine the dispute resolution model in Pilkades from both legal and philosophical perspectives and to propose a reconceptualized mechanism that is more just, participatory, and accountable. The research employs a normative legal method with juridical and philosophical analysis. The findings reveal that executive dominance in Pilkades dispute resolution potentially creates conflicts of interest and undermines democratic principles and the rule of law. Therefore, reforming this authority is essential, either through the establishment of a specialized court or by involving village institutions such as the Village Consultative Body (BPD) in the dispute resolution process. Furthermore, mediation and alternative dispute resolution based on village deliberation reflect the essence of substantive democracy. In conclusion, the resolution of Pilkades disputes should be reoriented toward models that uphold justice, legal certainty, and independence to ensure public trust in local democratic processes.

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Publication Details

Journal
Indonesia Law Reform Journal
Published
2025-09-04
DOI
https://doi.org/10.22219/ilrej.v5i2.41087
Primary Topic
Legal Studies and Policies
Type
article
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article

Dispute Resolution Model for Village Head Election Results: Examining the Authority of Regents/Mayors from the Perspectives of the Principles of Justice and Independence

Muchamad Ali Safa’at, Sholahuddin Al-Fatih, Riana Susmayanti, Tunggul Anshari Setia Negara et al.
Indonesia Law Reform Journal
Legal Studies and Policies
article

Dispute Resolution Model for Village Head Election Results: Examining the Authority of Regents/Mayors from the Perspectives of the Principles of Justice and Independence

Muchamad Ali Safa’at, Sholahuddin Al-Fatih, Riana Susmayanti, Tunggul Anshari Setia Negara, Arief Zainuddin
article en

Abstract

The Village Head Election (Pilkades) is a vital expression of local democracy within Indonesia’s governance system. However, its implementation often gives rise to disputes, particularly concerning the election results. Law Number 6 of 2014 on Villages delegates the authority to resolve such disputes to the Regents/Mayors, which presents significant concerns related to the principles of justice and independence. This study aims to examine the dispute resolution model in Pilkades from both legal and philosophical perspectives and to propose a reconceptualized mechanism that is more just, participatory, and accountable. The research employs a normative legal method with juridical and philosophical analysis. The findings reveal that executive dominance in Pilkades dispute resolution potentially creates conflicts of interest and undermines democratic principles and the rule of law. Therefore, reforming this authority is essential, either through the establishment of a specialized court or by involving village institutions such as the Village Consultative Body (BPD) in the dispute resolution process. Furthermore, mediation and alternative dispute resolution based on village deliberation reflect the essence of substantive democracy. In conclusion, the resolution of Pilkades disputes should be reoriented toward models that uphold justice, legal certainty, and independence to ensure public trust in local democratic processes.

Indonesia Law Reform JournalVol. 5(2)
University of Brawijaya (ID), Universitas Muhammadiyah Jember (ID)
Openalex Percentile: Top 58%
Legal Studies and Policies
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Dispute Resolution Model for Village Head Election Results: Examining the Authority of Regents/Mayors from the Perspectives of the Principles of Justice and Independence — Muchamad Ali Safa’at, Sholahuddin Al-Fatih, et al. · Indonesia Law Reform Journal (2025) | TGRS Research Map | TGRS