Kedaulatan Rakyat dalam Pengangkatan Penjabat Kepala Daerah

Abstract

This research uses normative research of juridical, which examines and analyzes the issue of people's sovereignty in the appointment of position regional heads and the formulation of legal policies that accommodate people's sovereignty in the appointment of position regional heads. This research uses a case approach, a statutory approach and use a conceptual approach. The results of this research show that the appointment of acting regional heads is not in line with the principle of popular sovereignty and change the principles of democracy. Appointment of position regional heads who accommodate people's sovereignty. First, through with the DIM revision of Law Number 10 of 2016 about the Election of Governor, Regent and Mayor, the government should hold regional elections simultaneously in 2022 and 2023. Second, to fill the vacancies of regional heads, it can be done by extending the time of regional heads that could be ended, so that, it has the legitimacy of power. Third, to fill the vacancy in the position of regional head, the election simultaneously in 2019 have provided representative of people's sovereignty in each DPRD. As a change for direct democracy, representative democracy can be an alternative where the DPRD selects the names of candidates for acting governor and acting regent/mayor to be proposed to the president and minister. Fourth, the central government together with the DPRD formed an ad hoc committee that functioned to select the names of acting governor, regent and mayor who would fill the positions of governor, regent and mayor for the specified period. Fifth, the model of combinationl between voting right of central government around 30 percent and 70 percent is given to the provincial DPRD and district/city DPRD as the only one an alternative mechanism for filling acting regional heads.