Gagasan Perubahan Pasal 42 Peraturan Menteri Dalam Negeri Nomor 65 Tahun 2017 Tentang Pemilihan Kepala Desa Dalam Perspektif Demokrasi Indonesia

Abstract

Villages as the smallest government entity within the state framework were affirmed by the
issuance of Law No. 6/2014 on Villages (Village Law). The issuance of the Village Law not
only provides regulatory changes but also provides a paradigm shift regarding the Village,
which was originally seen as an extension of the regency or city into an autonomous
community unit that has the right and authority to regulate and manage its own territory.
Therefore, Article 1 Point 3 of the Village Law mandates the existence of a Village
government organizer, namely led by the Village Head and assisted by Village officials
This research uses normative legal research. Normative legal research is library legal
research, namely legal research conducted by making library materials as the main focus.
From the results of the research it is concluded that, First, the election of the Village Head
from the perspective of legal politics is a form of manifestation of democracy at the village
level by considering regional autonomy in technical related arrangements by involving the
district / city government. Second, the weaknesses of this regulation are quantitative-based
democracy or only the highest number of votes, the risk of money politics, the risk of
horizontal conflict in the community, and conflict due to the determination of the winner if
the results of the highest number of votes are more than one candidate. The idea of
changing Article 42 of the Regulation of the Minister of Home Affairs Number 65 of 2017
concerning Amendments to the Regulation of the Minister of Home Affairs Number 112
concerning Village Head Elections does not have much to do other than rearranging the
scheme for determining the winner of the village head election if the number of votes won
is the same.
Keywords: Village Head Election, Democracy, Minister of Home Affairs Regulation
No. 65/2017