MODEL PENYELENGGARAAN PEMILIHAN KEPALA DAERAH (PILKADA): Studi Tentang Legal Formal Pilkada Gabungan

Abstract

This research aims to understand the kinds of legal-formal basis of legitimizing the implementation of joined district election, both vertical and horizontal synchronization of the basis; and to comprehend the kinds of legal basis that fit to and recommended for the next election. This thesis is normative legal research which is studying both primary references – the state constitution 1945 and other foundation—and secondary one such as books, magazine, and articles in line with the theme of the research. The research used philosophical approach and descriptive-qualitative method of analysis. The research finds out that: the legalformal basis for joined district election was very limited in time of its implementation that is 30 days – while the second round of its election takes 90 days. It means that only some districts that have the same the period of their major can hold the joined election. In philosophical-hierarchical side, legal-formal basis of direct election was generally problematic because Pancasila as the state ground norm does not recommend direct election. Then, it was possible to come back to old system (representative ness) or remain to maintain it, or to try other system of election that was supported by the available regulation guarantying its lawful justification. The good choise is joined district election among governor and majors in the same province based on the principle of efficiency and effectiveness.