Kekeliruan perundangan dan masalah pilihanraya kepala daerah bagi jawatan Gabenor di Indonesia pasca reformasi: Kajian kes 2007 di Ternate Provinsi Maluku Utara

• Main Author: Wahidin, ,
• Format: Thesis
• Language: English; English
• Published: 2013
• Subjects: JQ Political institutions and public administration (Asia)
• Online Access: https://etd.uum.edu.my/5675/1/s90708_01.pdf; https://etd.uum.edu.my/5675/2/s90708_02.pdf; https://etd.uum.edu.my/5675/

The general election of the district head has been conducted since Juni 2005 in line with Act No. 32 of 2004. This Act to district governance provide the judicial basis for the implementation of general election of the distrik head directly. The problem was that the election of the district head the was done for the first time in the history of the Republik Indonesia obviously brought about conflicts in some districts. The conplicts began with acts of demonstration resulting in hostility. This study attempted to investigate further if mistake of laws was an important source of conflict in the general election of the Governor and Deputy Governor of the province of Malut (Maluku) = North Molaccas) in 2007. The study with aimed to identify the factors which set off the legal mistake in general of the Gavenor and Deputy Gavenor of the Malut province in 2007 was carried out taking the case of Ternate, a province in North Maluku. It used qualitative research embracing the techniques of interview, comparative legal perspectives, library research, and data related to organizing the general election of the Gavenor and Deputy Govenor of Malut in 2007. The study was further aided by the legal framework of Lawrence Mier Friedman providing the theoretical underpinning in the context of law enforcement. The study found that the cause of the legal mistake in the general election of the Gavenor and Deputy Gavenor of the province of North Maluku was the fact that the organizers of the election did not understand, and misinterpreted the laws and regulations concerning the general election of district heads. Also, the failure to understand and correctly interpret the statutes on the part of the organizers was the outcome of the lack of coordination between the Office Election at Maluku Utara level and the Office of General Election at the central level on the other hand, and the Supervisor Of General Election of the province of Maluku Utara on the hand. In addition, at that time a permanent Board of Supervisors of General Election at the central level had not yet emerged. To conclude, it is hoped that the findings of this study would be able to enlighten the understanding of both the law maker and the anforcers alike pertaining to general election of district heads since legal confusion can be set in motion due to imperfections in legislation and its interpretation.