Analisis Yuridis Tentang Sistem Pengisian Jabatan Kepala Daerah Yang Ideal Dalam Kerangka Negara Kesatuan Republik Indonesia Berdasarkan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945
| Main Authors: | , BUSTANUDDIN. S.H., , Malinda Eka Yuniza |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2011
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/90823/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=53591 |
Daftar Isi:
- The appointment or filling in the position of head of government and officials in a country could be done with 2 (two) ways, namely by means of an election (elected public officials) and without election (non-elected public officials). The fourth principle of Pancasila which stated that Democracy led by the wisdom of deliberations/representation and Article 18 paragraph (4) of the Constitution of the Republic of Indonesia 1945 which regulated about democracy raises multiple interpretation particularly in determining how to fill the head of region. These underlying conditions is the reason why this research need to be done. There are three (3) problems in this paper : 1). How has the position the head of a region been filled in Indonesia since the independence day? 2). How Pancasila and Constitution of the Republic of Indonesia 1945 regulated the appointment / election of the head of region? 3). What is the most suitable method to fill the position of head of a region in Indonesia as a unitary state? The research method used in this study is juridical normative, with legislation related approach. The result of the research is then analyzed in order to solve the legal issues are discussed. Based on this research, it could be stated that there are several methods used to fill in the position of head of region in the Republic of Indonesia since the days of independence to the present, which are by selection, by designation and by appointment / designation. Pancasila state that to fill the position of the hea of region should be based on a consensus, while according to the perspective of the Constitution of the Republic of Indonesia 1945 the best way is the selection and appointment / designation. In conclusion, the ideal method to fill in the position as the head of region in Indonesia as a unitary state based on Pancasila and the Constitution of the Republic of Indonesia 1945 is by the Regional House of Representatives.