IMPLIKASI PENGANGKATAN PENJABAT (PJ) KEPALA DAERAH DALAM UNDANG-UNDANG NOMOR 10 TAHUN 2016 TERHADAP DEMOKRASI DI INDONESIA PERSPEKTIF MASLAHAH MURSALAH

M Khairu Mamnun, NIM.: 19103070065 (2023) IMPLIKASI PENGANGKATAN PENJABAT (PJ) KEPALA DAERAH DALAM UNDANG-UNDANG NOMOR 10 TAHUN 2016 TERHADAP DEMOKRASI DI INDONESIA PERSPEKTIF MASLAHAH MURSALAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

2024 will be a political year in Indonesia. There will be general elections and local elections that year. Elections on February 14, 2024, and regional head elections on November 27, 2024, this has been explained in Article 201 paragraph (8) of Law No. 10 of 2016. Not only is it seen as a democratic party, but behind that many problems have arisen, such as the term of office of the definitive regional head ends in 2022 , this causes a power vacuum and will be filled by elected officials from the central government who are referred to as teporary (pj), who have no emotional ties to the people they lead. The owner of the authority to elect temporary regional heads for governors is the president at the suggestion of the Minister of Home Affairs and for regents/mayors, it is the authority of the Minister of Home Affairs at the suggestion of the governor. The constitution has mandated that regional heads be elected democratically. The mechanism for electing regional heads, which are essentially elected directly by the people, has the potential to be violated in the 2022-2024 period. There is no transparent mechanism in the law related to the mechanism for selecting temporary regional heads, and the non-participation of the community in the process of selecting temporary regional heads is the reason for the lack of democracy in the election of acting regional heads. This condition has the potential to produce temporary regional heads whose preferences are based on political interests, not on the will of the people. Therefore the author is interested in conducting research with the title Implications of The Appointment of Temporary (Pj) Regional Heads in Law Number 10 of 2016 Against Democracy in Indonesia from The Maslahah Mursalah Perspective. The type of research in writing this thesis is library research with a statute approach and conceptual approach. This research is descriptive-analytic in nature, which will describe the phenomena that occur then be compiled, analyzed, and interpreted then concluded. The data collection technique used in this study is a qualitative data analysis technique by conducting a review of the literature related to temporary regional heads such as laws, books, and scientific journals. This research uses the theory of democracy and maslahah mursalah. The results of the research show that the temporary regional heads regulated in Law Number 10 of 2016 have implications for the quality of democracy in Indonesia, namely the occurrence of decadence of democratic values, because in practice the acting regional heads are not democratic, where there is no community participation in the recruitment process and a lack of the legitimacy of acting regional heads because they only have legal legitimacy, while for moral and social legitimacy they do not. Then in Maslahah Murslah's view, acting regional heads have benefits and harms, but the harms are bigger.

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