PENATAAN LEMBAGA DALAM PENYELESAIAN SENGKETA HASIL PEMILIHAN KEPALA DESA BERDASARKAN PERATURAN PERUNDANG- UNDANGAN

Abstract

The 1945 Constitution of the Republic of Indonesia emphasizes that the
Indonesian state is a unitary state divided into provinces, districts or cities. Article 18B
paragraph (2) of the 1945 Constitution of the Republic of Indonesia recognizes customary
law community units and their traditional rights as long as they still exist and are in
accordance with the principles of the Unitary State of the Republic of Indonesia. The basic
idea of Article 18B paragraph (2) is to give respect and recognition to villages that have
traditional rights or in other terms origin rights. Village administration is led by the village
head. The village head is directly elected by the people as a form of democracy or village
people's sovereignty. However, this election has potential problems, one of which is the
dispute over the results of the village head election. Law Number 6 of 2014 concerning
Villages stipulates that disputes over village head election results are resolved by the
Regent/Mayor. This has the potential not to solve the problem because it is not in accordance
with the original village autonomy. The principle of recognizing the origins of village
communities which is accommodated as the principle of independence in the Village Law is
not fully implemented in the articles. As evidence, there is still intervention or interference
from the district/city government in resolving disputes over the results of the Village Head
election which should be submitted to the Village through deliberations.

This type of research is normative legal research because it uses literature
studies in searching for data. This research is descriptive in nature which provides detailed
data on the existing problems. This study uses qualitative data analysis, which means
explaining and concluding regarding the settlement of disputes over the results of village
head elections based on laws and regulations and the form of arrangement of village head
election organizers. This study uses secondary data or scientific data that has been codified.
The results of this study explain that first, the granting of authority to regional heads in order
to resolve disputes over village head election results will raise new problems. Second, the
village head election dispute resolution model that prioritizes deliberations according to the
principle of genuine village autonomy must be implemented by the government if it fails to
proceed with the alternative of appointing a neutral third party and the second alternative
through a special court. Third, strengthening the position by including village head elections
as one of the electoral regimes in Indonesia. Fourth, there is a need for ad hoc institutional
restructuring of village head election organizers by including district KPU and district
Bawaslu as part of the organizers.
Keywords: Village Head Election, Disputes, Village Head Election Institutions