The Dignity of Democracy in the Appointment of Acting Regional Heads by the President: Legal Construction After the Constitutional Court Decision Number 15/PUU-XX/2022

Purpose of the study: The purpose of this study is to examine the legality of the position and authority of the acting regional head, as well as to examine the dignity of democracy in the appointment of acting regional heads by the president and its construction after the Constitutional Court Decisi...

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Main Authors: Riadhussyah, M, Farhan, Farhan, Hamdani, Fathul, Nata Kusuma, Lalu Aria
Format: UMS Journal (OJS)
Language:eng
Published: Universitas Muhammadiyah Surakarta 2022
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Online Access:https://journals2.ums.ac.id/index.php/jurisprudence/article/view/1044
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author Riadhussyah, M
Farhan, Farhan
Hamdani, Fathul
Nata Kusuma, Lalu Aria
author_facet Riadhussyah, M
Farhan, Farhan
Hamdani, Fathul
Nata Kusuma, Lalu Aria
author_sort Riadhussyah, M
collection OJS
description Purpose of the study: The purpose of this study is to examine the legality of the position and authority of the acting regional head, as well as to examine the dignity of democracy in the appointment of acting regional heads by the president and its construction after the Constitutional Court Decision Number 15/PUU-XX/2022. Methodology: This study applies normative legal research methods using a statutory, conceptual, and case approach. Results: The results of the study show that the appointment of acting regional heads is the operationalization of the concept of politically appointed presidential power and not the concept of election (political elected) as regional heads.  The consequence is a lack of regional legitimacy and a lack of relations with the people because it is not the people's choice.  This condition shows a portrait of the decline of democracy in the regions.  In this case, the government should prepare by making implementing regulations related to the mechanism for selecting regional heads by not degrading the democratic values as mandated by the Constitutional Court in its decision Number 15/PUU-XX/2022. Applications of this study: This article provides an analysis of how democratic principles should still be applied in the process of appointing acting regional heads.  This research is expected to be useful and can be a reference material for those who conduct research, especially with regard to the appointment of the acting regional head.  Thus, this research is expected to enrich the scientific treasures and studies related to the mechanism for appointing acting regional heads. Novelty/ Originally of this study: The research related to the appointment of acting regional heads is still very minimal.  So with the research that examines the dignity or portrait of democracy in the mechanism for appointing the acting regional head, it is considered very important as reference material in the process of implementing democracy in Indonesia.
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spelling oai:ojs2.journals2.ums.ac.id:article-1044 The Dignity of Democracy in the Appointment of Acting Regional Heads by the President: Legal Construction After the Constitutional Court Decision Number 15/PUU-XX/2022 Riadhussyah, M Farhan, Farhan Hamdani, Fathul Nata Kusuma, Lalu Aria Acting Regional Head, Dignity of Democracy, Political Appointed Purpose of the study: The purpose of this study is to examine the legality of the position and authority of the acting regional head, as well as to examine the dignity of democracy in the appointment of acting regional heads by the president and its construction after the Constitutional Court Decision Number 15/PUU-XX/2022. Methodology: This study applies normative legal research methods using a statutory, conceptual, and case approach. Results: The results of the study show that the appointment of acting regional heads is the operationalization of the concept of politically appointed presidential power and not the concept of election (political elected) as regional heads.  The consequence is a lack of regional legitimacy and a lack of relations with the people because it is not the people's choice.  This condition shows a portrait of the decline of democracy in the regions.  In this case, the government should prepare by making implementing regulations related to the mechanism for selecting regional heads by not degrading the democratic values as mandated by the Constitutional Court in its decision Number 15/PUU-XX/2022. Applications of this study: This article provides an analysis of how democratic principles should still be applied in the process of appointing acting regional heads.  This research is expected to be useful and can be a reference material for those who conduct research, especially with regard to the appointment of the acting regional head.  Thus, this research is expected to enrich the scientific treasures and studies related to the mechanism for appointing acting regional heads. Novelty/ Originally of this study: The research related to the appointment of acting regional heads is still very minimal.  So with the research that examines the dignity or portrait of democracy in the mechanism for appointing the acting regional head, it is considered very important as reference material in the process of implementing democracy in Indonesia. Universitas Muhammadiyah Surakarta 2022-10-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://journals2.ums.ac.id/index.php/jurisprudence/article/view/1044 10.23917/jurisprudence.v12i1.1044 Jurnal Jurisprudence; Vol. 12, No. 1, June 2022 ; 106-119 2549-5615 1829-5045 eng https://journals2.ums.ac.id/index.php/jurisprudence/article/view/1044/351 Copyright (c) 2022 Jurnal Jurisprudence https://creativecommons.org/licenses/by/4.0
spellingShingle Acting Regional Head, Dignity of Democracy, Political Appointed
Riadhussyah, M
Farhan, Farhan
Hamdani, Fathul
Nata Kusuma, Lalu Aria
The Dignity of Democracy in the Appointment of Acting Regional Heads by the President: Legal Construction After the Constitutional Court Decision Number 15/PUU-XX/2022
title The Dignity of Democracy in the Appointment of Acting Regional Heads by the President: Legal Construction After the Constitutional Court Decision Number 15/PUU-XX/2022
title_full The Dignity of Democracy in the Appointment of Acting Regional Heads by the President: Legal Construction After the Constitutional Court Decision Number 15/PUU-XX/2022
title_fullStr The Dignity of Democracy in the Appointment of Acting Regional Heads by the President: Legal Construction After the Constitutional Court Decision Number 15/PUU-XX/2022
title_full_unstemmed The Dignity of Democracy in the Appointment of Acting Regional Heads by the President: Legal Construction After the Constitutional Court Decision Number 15/PUU-XX/2022
title_short The Dignity of Democracy in the Appointment of Acting Regional Heads by the President: Legal Construction After the Constitutional Court Decision Number 15/PUU-XX/2022
title_sort dignity of democracy in the appointment of acting regional heads by the president legal construction after the constitutional court decision number 15 puu xx 2022
topic Acting Regional Head, Dignity of Democracy, Political Appointed
topic_facet Acting Regional Head, Dignity of Democracy, Political Appointed
url https://journals2.ums.ac.id/index.php/jurisprudence/article/view/1044
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