Settlement of Village Head Election Disputes

Nurasikin Universitas, Borneo Tarakan
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Abstract

The simultaneous selection of village heads in all districts / cities is intended to avoid negative things in their implementation, village head elections simultaneously consider the number of villages and the ability of election costs charged to the district / city revenue and spending budget so that it is possible to carry out bumpy implementation as long as it is regulated in the District / City Regional Regulation. As a result of the implementation of the policy of Simultaneous Village Head Election, in this Law is regulated regarding the filling of the position of Village Head who quits and is dismissed before the expiration of the term. In accordance with the background, the problem is formulated as follows; The regulation of the authority of the Regional Head resolves the dispute over the results of the Village Head Election and the resolution of the dispute over the results of the village head election by the Regional Head. The type of research used is normative legal research, with the approach used is the approach of legislation. Based on the results of the research found that the granting of authority to the Regional Head in order to resolve disputes over the results of the village head election, will raise new problems, the problem is related to the authority of the Regional Head as an executive state institution that is limited to the authority to carry out the Law only, and also the authority to resolve disputes over the results of village head elections will potentially be objective and not independent, Considering that the Regional Head is a state power formed by a political party, so his authority to resolve disputes over the results of the election of the village head will be political and impure to uphold the law
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村长选举纠纷的处理
各区/市同时选举村长是为了避免在执行过程中出现负面的事情,村长选举同时考虑村数和选举费用向区/市收入和支出预算收取的能力,因此只要在区/市区域条例中有规定,就有可能进行坎坷的执行。为实行村长同时选举制度,对村长任期届满前辞职、被免职的补缺问题,本法作了规定。根据背景,将问题表述为:区长职权的规定解决了对村长选举结果的争议和由区长解决对村长选举结果的争议。本文采用的研究类型是规范性法律研究,采用的方法是立法方法。基于研究的结果发现,将权力授予地区主管,以解决争端村长选举的结果,又会提出新的问题,相关的问题是作为执行国家地区主管的权威机构,是有限的权力执行法律,以及权力解决纠纷村长选举的结果可能客观而不是独立的,考虑到区长是由政党组成的国家权力机构,因此他解决村长选举结果争议的权力将是政治性的,不纯粹是维护法律
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