Potential Irregularities in Arrangements of Amendment Regarding the Term of Office of Village Heads in the Indonesian Constitutional Law System

Ahmad Gelora Mahardika
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Abstract

The discourse to extend the term of office of the village head creates problems in the Indonesian constitutional system. This is because the addition will potentially extend the term of office of the village head to 27 (twenty-seven) years. In fact, cumulatively, the term of office of the village head based on Law Number 6 of 2014 concerning Villages is quite long, namely 6 (six) years and can be elected 3 (three) times, which means that the village head can serve 18 (eighteen) year. On the other hand, the duration of a village head, which has the potential to reach 18 years, is also essentially inconsistent with democratic principles which provide a maximum limit for public officials who are elected through political mechanisms to hold office. For this reason, the idea of reconstructing the village head's term of office has become an urgent issue in the Indonesian constitutional system. The research question in this article is whether there is a potential for irregularities in the arrangements regarding the extension of the village head's term of office. The type and research approach used in this article is comparative normative juridical research with a statutory approach. The hypothesis in this article is that the long term of office of the village head is contrary to the concept of democracy, namely the limitation of power.
印度尼西亚宪法制度中有关村长任期的修订安排可能存在的不规范之处
关于延长村长任期的讨论给印度尼西亚宪法制度带来了问题。这是因为新增的村长任期有可能延长至 27(二十七)年。事实上,根据 2014 年关于村庄的第 6 号法律,村长的累计任期相当长,即 6 年,并可当选 3 次,这意味着村长可任职 18 年。另一方面,村长的任期有可能长达 18 年,这在本质上也不符合民主原则,因为民主原则为通过政治机制选举产生的公职人员规定了任职的最长期限。因此,重新构建村长任期的想法已成为印尼宪政体制中一个亟待解决的问题。本文的研究问题是,在延长村长任期的安排中是否存在违规的可能性。本文采用的研究方法是比较规范法学研究和成文法研究。本文的假设是,村长的长期任期有悖于民主理念,即限制权力。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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