Institutional Repository UIN Sunan Kalijaga YogyakartaKEPASTIAN HUKUM PENGISIAN JABATAN WAKIL KEPALA DAERAH TERPILIH YANG MENINGGAL DUNIA SEBELUM PELANTIKAN (STUDI UNDANG-UNDANG NOMOR 10 TAHUN 2016 TENTANG PEMILIHAN GUBERNUR, BUPATI, DAN WALIKOTA)NIM.: 22103070123Parhan Maulana MuharomauthorThe vacancy of the deputy regional head position resulting from the death of a candidate or an elected deputy regional head prior to inauguration is a recurring legal issue in Indonesian constitutional practice, as evidenced in Grobogan Regency, Balikpapan City, and Ciamis Regency. The issue hinges on whether an individual who has not yet been inaugurated can be classified as having "ceased" to hold the office of deputy regional head. This is because the wording of Article 176 of Law No. 10 of 2016 presupposes a legal subject who has already assumed office, whereas in the three cases examined, the deceased individuals had never been inaugurated as substantive officeholders. This situation gives rise to legal complexities regarding the mechanism for filling the vacant position. This study aims to analyze the nature and implications of the legal lacuna in Article 176, formulate a position-filling mechanism that ensures legal certainty, and examine the urgency of filling the vacancy from the perspective of Siyasah Dusturiyah through the principle of Fath al-Dzari’ah. This is a normative legal study employing statutory, case, and conceptual approaches. Legal materials are analyzed using grammatical, systematic, and teleological interpretations, alongside a comparative analysis of the Grobogan, Balikpapan, and Ciamis cases. Unlike previous studies that focused merely on procedural-administrative obstacles, this research addresses the legal construction regarding the differing statuses of the subjects specifically, the distinction between an official who leaves office and an elected candidate who dies before inauguration while integrating a comparison of the three cases. The research findings indicate that Article 176 cannot be directly applied to an elected deputy regional head who dies prior to inauguration due to a fundamental difference in their legal subject status. A comparison of the three cases reveals the tangible consequences of a regulatory void: the position in Grobogan remained vacant for an entire term; the position in Balikpapan remained unfilled despite a directive from the Ministry of Home Affairs to initiate the filling process; and Ciamis faced a deadlock because Article 176 was deemed inapplicable to a candidate who passed away prior to inauguration. Consequently, explicit regulations are required to establish a legitimate mechanism for filling the vacancy. From the perspective of Fath al-Dzari’ah, creating such a legal pathway serves the public interest by ensuring the continuity of governance, strengthening checks and balances, and preventing the abuse of authority.342 Hukum Tata Negara2026-08-20UIN SUNAN KALIJAGA YOGYAKARTA;FAKULTAS SYARIAH DAN HUKUMThesis

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