ANALYSIS OF LEGAL IMPLICATIONS DUE TO DISPUTE RESOLUTION OF VILLAGE HEAD ELECTION RESULTS THAT MUST BE CARRIED OUT BY THE REGENT / MAYOR

Abstract

The government is bound by the principle of law (rechtmatige van het bestuur), which obligates the government to act in accordance with the law. Acting in accordance with the law, as stipulated in Article 8 paragraph (2) of Law Number 30 of 2014 concerning Government Administration (UU AP), must be based on statutory regulations and general principles of good governance (algemene beginselen van behoorlijke bestuur). Based on the aforementioned, an important issue arises that warrants examination regarding the legal implications arising from the mandatory Settlement of Disputes over Results to be conducted by the Regent/Mayor as stipulated in Article 37 paragraph (6) of Law Number 6 of 2014 concerning Villages (UU Desa). Therefore, in line with the existing issue, this research adopts a normative approach with conceptual approach, statute approach, and case approach for examination. The legal implications arising from Article 37 paragraph (6) of the Village Law, based on the research findings, reveal several outcomes: legal uncertainty, lack of legal protection for village head candidates, inadequate dispute resolution, and potential for prolonged conflicts within the community.

Keywords

• legal implications
• outcome
• dispute resolution
• head elections
• regent
• mayor