Penunjukan Kepala Daerah oleh Presiden dalam Perspektif Demokrasi

Abstract

A regional head leads each region. Regional heads include Governors, Regents, and Mayors. In the process, regional head elections must be carried out or elected democratically. The meaning of being elected democratically is that you can be elected directly by the people or can be elected by the DPRD. However, in 2022, the Constitutional Court has combined the election regime with the regional election regime, so the implication is that regional elections must be carried out by election principles, one of which is the direct principle. However, Article 10 paragraph (2) of the Draft Bill on the Special Region of Jakarta states that "the Governor and Deputy Governor are appointed, appointed and dismissed by the President taking into account the proposals or opinions of the DPRD". So, this research aims to find out whether the appointment of regional heads by the President is by democratic principles. The research method used in this research is legal research using statutory, conceptual, and case approaches. The results of this research show that the appointment of regional heads by the President is not by democratic principles, this is because: (i) it is not by the essence of democracy; (ii) not by the mandate of the 1945 Constitution of the Republic of Indonesia which states that sovereignty is in the hands of the people; and (iii) is not by the Constitutional Court Decision.
Keywords: regional head; president; democracy.