LEGAL CERTAINTY FOR FILLING THE POSITION OF DEPUTY REGIONAL HEAD OF REGENCY AND MUNICIPALITY
Abstract
Indonesia is a unitary state that recognizes the sovereignty of the people in a regional head election consisting of 1 (one) pair of regional heads and deputy regional heads. Legal certainty is a principle which states that the law must be clear for filling the position of deputy district and municipal regional head arbitrarily in exercising power based on law without any discrimination.
This research aims to examine issues related to filling the post of deputy regional head and how it is implemented in the Regency/Municipality. So to get relevant data the researcher collects data that limits the norms contained in the laws and regulations.
The vacancy in the position of regional head due to the request itself, being dismissed, and passing away also causes a vacancy in the position of deputy regional head so that the position of deputy regional head is vacant until the position of regional head is filled again based on the Law on filling positions. It was also found that orders of legal norms were a form of abuse of authority by the authorities (Determination de Pouvoir) because they ignored the law and resulted in the loss of legal sovereignty and also people's sovereignty.
References
Anonym, 2015, Regarding Regional Head Elections "History of Regional Head Elections" Online Series (Citedapril262019), available fromURL:http://syah8400.blogspot.com/2014/10/wisata-pemilu- Head-region-diindonesia.
Bagir Manan quoted in Jimly Asshiddiqie 2007 Principles of Post-Reformation Indonesian Constitutional Law, Buana Ilmu Popular.
F Isjwara, 1992, Introduction to Political Science, Bina Cipta, Bandung.
M. Kusnardi, et al, 2000, State Science, Pratama Media Style, Jakarta, p.
Sinyo H Sarudajang, 2002, Regional Government in Various Countries, Sinar Harapan, Jakarta.
Sirajudin et al, 2015, Basics of Indonesian Constitutional Law. Setara Press, Malang.
Yahya Ahmad Zein et al, 2016, Legislative Drafting, Thafa Media, Yogyakarta.
Yohanes Usfunan, 2004, Designing Good Legislation to Create a Clean and Democratic Government, Scientific Oration, Inauguration Speech for Permanent Professor in the Field of Constitutional Law, Faculty of Law, Udayana University, Denpasar, 1 May 2004.
Journal
Atmaja, IMAP (2016). Legal Politics of Regulating MPR Decrees in the Hierarchy of Legislative Regulations. Dyatmika Paper. 13.
Dyatmikawati, SH., M. Hum, DP (2015). The Role of Community Empowerment Institutions in the Village Government Administration System in Badung Regency. Kerta Dyatmika, Dwijendra University Denpasar. 5.
Made Suka Dwiputra. (2023). The Binding Power of Court Decisions in Unlawful Actions in the Perspective of the Judicial Trilogy and the Aanmaning Principle. Kerta Dyatmika, Dwijendra University. 41.
M. Risnain & Sri Karyati, 2017, ConsideringIdeas for Amendments to the Constitution and Procedures for Amendments to the Republic of Indonesia 1945, IUS Journal of Law and Justice Studies, http://jurnalius.ac.id/ojs/index.php/jurnalIUS/issue/view/34Volume5(1), April.DOI:10.29303/ius.v5i1.445. 110-118.
Gusti Ayu Ratih Damayanti, 2018, Implementation of Complete Systematic Land Registration in North Lombok Regency (Analysis of the Formation of Legislative Regulations), Ius Journal of Law and Justice Studies Vol VI, Number 3 December 2018, Master of Laws Postgraduate Program, University of Mataram. 407.
Riba Yusak Elisa, 2009, The Position of Presidential Instructions in Indonesian Legislation, Thesis, Master's Program, Legal Studies Program, Postgraduate Program, Udayana University, Denpasar.269.
Legislation
Law Number 32 of 2004 concerning Regional Government
Law Number 23 of 2014 concerning Regional Government
Law Number 9 of 2015 concerning Regional Government
Law Number 10 of 2016 concerning Regional Government
