Trends and Challenges of Asymmetrical Regional Head Election System in Indonesia

KURNIAWAN, BASUKI and KURNIAWAN, BASUKI and Kurniawan, Basuki (2024) Trends and Challenges of Asymmetrical Regional Head Election System in Indonesia. PROSIDING APHTN HAN, 2 (1). pp. 123-156.

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Abstract

This study examines the regional head election (Pilkada) system in Indonesia, particularly focusing on the asymmetric decentralization approach applied to specific regions with special autonomy: DKI Jakarta, Yogyakarta, Aceh, and Papua. Under Indonesian Law No. 23 of 2014, which governs regional governance, these regions are permitted to implement unique electoral systems based on their cultural, historical, or political contexts. Asymmetric decentralization, applied differently across these regions, aims to
124 Vol. 2 No. 1 (2024): KNAPHTN (Desember)
enhance governmental performance in providing services and maintaining regional identity. From an Islamic perspective, selecting a leader, referred to as Imam or Imamah, emphasizes selecting a trustworthy and responsible figure. The study aims to (1) examine how the regional head election system is regulated in Indonesia according to Article 18 (4) of the 1945 Constitution and (2) analyze the implementation of the asymmetric electoral system across different regions in Indonesia. Employing a normative legal approach, this study uses conceptual, legislative, and historical methods to provide a comprehensive understanding of these objectives. Findings reveal that the 1945 Constitution, particularly Article 18 (4), does not specify a singular election system for regional heads, allowing democratic elections to be tailored to regional needs. DKI Jakarta uses a combination of direct elections and gubernatorial appointments, Yogyakarta appoints hereditary leaders, Aceh includes Islamic legal requirements in elections, and Papua adopts the Noken voting system, which respects indigenous customs. This research underscores Indonesia's flexibility in balancing national democratic principles with regional diversity, recommending further exploration of asymmetric models to optimize governance outcomes in other regions.

Item Type:	Article
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180103 Administrative Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180108 Constitutional Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180121 Legal Practice, Lawyering and the Legal Profession 18 LAW AND LEGAL STUDIES > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
Divisions:	Fakultas Syariah > Hukum Tata Negara
Depositing User:	Basuki Kurniawan
Date Deposited:	14 Jul 2025 02:14
Last Modified:	14 Jul 2025 02:14
URI:	http://digilib.uinkhas.ac.id/id/eprint/48227

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