KONSTITUSIONALITAS MASA JABATAN KEPALA DESA PASCA PUTUSAN MK NOMOR 42/PUU-XIX/2021

Tania Aurelia Timbung, NIM.: 19103070031 (2023) KONSTITUSIONALITAS MASA JABATAN KEPALA DESA PASCA PUTUSAN MK NOMOR 42/PUU-XIX/2021. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Indonesia places the constitution as the highest law, this is stated in Paragraph IV at the Preamble of the 1945 Constitution in the sentence "... then the Independence of the Indonesian Nationality was drafted in an Indonesian Constitution ...". So indirectly Indonesia uses the notion of constitutionalism in limiting powers, including the term of office for the village head but in reality there is a contradiction regarding the term of office of the head with the constitution. MK Decision Number 42/PUU-XIX/2021 which provides a term limit for village heads of 6 years and can serve for 3 (three) terms of office, while the constitutional direction regarding the tenure of other public officials is 5 (five) years and can serve for 2 (two) terms of office. Such provisions raise problems regarding the application of the restrictions on powers adopted by Indonesia and question what method of constitutional interpretation is used in the Constitutional Court decision Number 42/PUU-XIX/2021 and the constitutionality of the tenure of the Village Head after the Constitutional Court decision Number 42/PUU-XIX/2021? This study uses a normative juridical research method, namely an approach based on legal principles, legal doctrines, legal principles, statutory regulations and the Constitutional Court decision Number 42/PUU-XIX/2021. The approach used in this research is a statutory approach, a conceptual approach, a comparative approach, and a case approach. The origin of the data obtained in this study uses secondary data sources which are divided into primary legal materials, namely the Constitutional Court Decision Number 42/PUU-XIX/2021 and related laws and regulations and secondary legal materials, namely books, journals and previous research. The nature of this research is descriptive-analysis. Based on the results of the data analysis carried out that the tenure of the village head according to Article 39 paragraph (2) of Law No. 6 of 2014 concerning Villages and a review was carried out contained in decision Number 42/PUU-XIX/2021, basically the Constitutional Court has answered the main the applicant's request, however, the periodization of the term of office of the village head does not reflect the spirit of the constitution and is not ideal from a constitutional perspective. The term of office of the Village Head which is too broad and not in line with the political direction of the constitution has an impact on reducing the quality of the Village Head in administering village government.

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