Legal Reconstruction of Government's Political Regulation in the Election of Regional Heads Based on Pancasila Justice Values

Abstract

This research analyzes the weaknesses of the government's political and legal regulations in the current implementation of regional head elections and finds a legal reconstruction of the government's legal politics in regional head elections based on Pancasila justice values in Indonesia. In a constructivism paradigm where the type of research method used is normative juridical and the specifications of this research have a prescriptive analytical nature with the approach used by the author being a statutory approach. The research results found that the weakness of the government's political and legal regulations regarding regional elections, the substance of which regulates the resolution of election crimes; Requirements as Candidates for Governor and Candidates for Deputy Governor, Candidates for Regent and Candidates for Deputy Regent, as well as Candidates for Mayor and Candidates for Deputy Mayor; Prohibition in campaigning; Criminal Sanctions Regional head elections; Simultaneous regional head elections; Community participation in organizing elections and the existence of a special electoral judicial body. Therefore, the reconstruction of the government's political and legal regulations for regional head elections as a whole based on the values of Pancasila justice in its formation can be done by synchronizing vertically with the 1945 Constitution and horizontally with the national election law starting from the planning, preparation, discussion, stipulation, and promulgation stages with adhere to principles in the formation of laws that Pancasila guides as the source of all sources of law in Indonesia by reconstructing the provisions governing the requirements for regional head candidates, candidate registration, voter data collection, campaigns, community participation, violations of the code of ethics, administration, dispute resolution, election crimes, state administration disputes, disputes over election results, formulation of criminal sanctions, implementation of simultaneous regional elections, as well as the formation of a tribunal for election crimes.