PERKEMBANGAN PENGATURAN HUKUM PEMILIHAN KEPALA DESA DI INDONESIA

Abstract

Election of municipal head has been stipulated in the legislation, but many still cause problems in practice. Muncipal Head Election is always loaded with engineering and supra-municipal government control through the requirements formulated politically and administratively. Election of Municipal Head has always been marked by intimidation against the people, the manipulation of the results, and strictly controlled by the state. Therefore, it should be made a legal system municipal head election which is expected to minimize the negative practices in the field. This study aims to examine the legal arrangements municipal head election is based on legislation, and towards setting up Municipal election law ahead. This research is a normative law, with the approach of law, history, and conceptual. Based on the findings that the municipal head election setting has undergone several developments settings from time to time. The development is closely related to the political direction of the laws governing local government itself, because the position of the municipal is still under the rule of the region. At the beginning of independence out of Law No. 14 of 1946 does not specifically regulate the model of the Municipal head elections, but set the selector based on citizenship status. However, with the release of Law No. 22 Year 1948 has made progress in setting up the municipal head elections. Law No. 22 Year 1948 has set the election mechanism, namely through appointment. Up until the release of Law No. 32 Year 2004, setting the municipal head elections are still under the rule of the region, because the position of the municipal itself is under the regional administration. Now, the municipal has had its own rules, namely through Law No. 6 Year 2014 on Municipals, including setting the municipal head elections. Setting the next municipal elections should pay attention to the educational requirements of the municipal head of at least high school or its equivalent, the municipal act and implementing regulations shall regulate the obligation of the establishment of the order to set the stages municipal head election; the absence of rules that detail when there are candidates who are not satisfied with the results of election of the municipal, and there is no special institution to handle conflicts Municipal Head Election, so that in Law No. 6 Year 2014 should be set regarding the settlement of disputes municipal head election and specialized agencies which handle the dispute. Keywords: Development, Legal Settings, Election, Head of the Municipal.