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.
Authors
- Muchamad Ali Safa’at (ORCID: https://orcid.org/0000-0001-7594-9577)
- Sholahuddin Al-Fatih (ORCID: https://orcid.org/0000-0003-1166-5182)
- Riana Susmayanti (ORCID: https://orcid.org/0009-0009-5123-4943)
- Tunggul Anshari Setia Negara (ORCID: https://orcid.org/0000-0001-8445-4832)
- Arief Zainuddin
Institutions
- University of Brawijaya (ID)
- Universitas Muhammadiyah Jember (ID)
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
- Field-Weighted Citation Impact
- 0.00