PENGATURAN PEMILIHAN ULANG KEPALA DESA DALAM PERSPEKTIF PERATURAN PERUNDANG-UNDANGAN

ZEN, FITTER (2024) PENGATURAN PEMILIHAN ULANG KEPALA DESA DALAM PERSPEKTIF PERATURAN PERUNDANG-UNDANGAN. S2 thesis, Universitas Jambi.

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Abstract

The aim of this research is to analyze the laws and regulations governing the election of village heads. In practice, this was due to a dispute in the implementation of the Village Head Election which ended in being determined by a State Administrative Court Decision which required the re-election of the Village Head to be carried out. However, the re-election of village heads is not regulated in the statutory regulations and technical regulations for implementing village head elections in the Batang Hari Regency area. Regulations for the Election of Village Heads are regulated in Law Number 6 of 2014 concerning Villages. Then a derivative of Law Number 6 of 2014 concerning Villages, starting from Government Regulations, Minister of Home Affairs Regulations does not regulate the re-election of Village Heads. The implementation of Village Head Elections in the Batang Hari Regency Area is technically regulated in Batang Hari Regent Regulation Number 32 of 2021 concerning Procedures for Election of Village Heads. The regulation states that if there is a dispute over the Village Head Election, it will be resolved by the Regent/Mayor. The Regent/Mayor is given the authority to resolve village election disputes that could disrupt democracy in Indonesia. The Regent/Mayor is obliged to resolve the dispute. Village Head Election dispute resolution is carried out at the settlement stage at the village level, if it is not completed then the settlement stage is at the sub-district level committee, and finally by the district level committee. The failure to resolve the Village Head Election dispute by the Village Head Election Committee resulted in parties who felt aggrieved taking legal action by filing a lawsuit over the Village Head Election results to the Jambi State Administrative Court. After going through the trial process and arriving at a decision that has permanent legal force (inkracht van gewijsde), the Defendant (Regent) who issued the Decree regarding ratification and appointment of the Village Head who then inaugurated the elected Village Head is obliged to carry out re-election. In terms of regulations regarding the existence of disputes in the election of village heads, in the resolution there is no regulation regarding the re-election of village heads. Keywords: Re-election, Village Head, Legislation

Type:	Thesis (S2)
Subjects:	A General Works > AI Indexes (General) Universitas Jambi (UNJA) > Fakultas Kedokteran dan Ilmu Kesehatan > A General Works > AI Indexes (General)
Divisions:	Fakultas Hukum > Ilmu Hukum
Depositing User:	FITTER ZEN
Date Deposited:	15 Mar 2024 07:30
Last Modified:	04 Jul 2024 08:37
URI:	https://repository.unja.ac.id/id/eprint/62102

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