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Scirj Volume IV, Issue I, January 2016 Edition
ISSN: 2201-2796

Impeachment of the District Head in the Perspective of Direct Democracy

Cora Elly Novianti , Sudarsono , Jazim Hamidi , Ali Safaat

Abstract: This article is a dissertation which was committed in order to reach The Doctoral Program in Faculty of Law in Brawijaya. The discussion is related to the law issue of district head’s impeachment. The law issue in this research is district head’s impeachment in Indonesia which is regulated in Laws 2004 No. 32 junto Laws 2008 No.12 reviewed from the system of direct democracy, including its mechanism issue after the enactment of Laws 2004 No.32 junto Laws 28 No.12. This research used two kinds of approaches. First, Juridical normative approach which was emphasized on philosophy approach. In order to complete the research material, it used the material of primary law, secondary law and tertiary material. The existent law material was analyzed qualitatively. Conclusion has been reached from this research, the system of district head’s impeachment in the era of direct democracy must be redesigned because it is contrary with the concept of the district autonomy and it is also contrary with the principles of regulation establishment. Moreover, it must be redesigned in order to avoid the domination of centralization system which is contrary with decentralization system, it also must be done to avoid decentralization values in unitary context. In other words, the district head’s impeachment in Indonesia negates the aspect of direct democracy as the corridor of people’ thought.

Reference this Paper: Impeachment of the District Head in the Perspective of Direct Democracy by Cora Elly Novianti , Sudarsono , Jazim Hamidi , Ali Safaat published at: "Scientific Research Journal (Scirj), Volume IV, Issue I, January 2016 Edition, Page 58-66 ".

Search Terms: District head’s impeachment, direct election, district government

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