Democracy and Election of Governors, Regents and Mayors in the Unitary State of the Republic of Indonesia

摘要

Articles 18 paragraph (4) of the Constitution of Republic Indonesia 1945 (hereafter mention the Constitution of 1945) said that the governor, the regent and the mayor each as head of province, district and city, that choosen democratically. For the phrase "choosen democratically", the law number 22 of 2014 about The Election of the Governor, the Regent and the Mayor define as the election by the house of representation, the Regent and the Mayor as the election by the local house of representation, but this law is reputing undemocratic and causing the state emergency state. Furthermore the President released the Government Rule Subtitute the Law Number 1 of 2014 that defining "choosen democratically" is the direct election by the people. The problem is about "is it true that the local election by the house of representation are not democratic? Indonesia state power separated to the law maker power (legislative) by the house of representative (Article 20 paragraph (1), government power/ther law executor (executive) by the President (Article 4 paragraph (1)), and justice power (judicative) by the Supreme Court and the constitutional court. Based on the article 1 paragraph (1), Indonesia is the unity state, the form of the unity state is absolute (article 37 paragraph (5)), the unity state is a single state, state which only consist of one country, it means in the unity state there is no sovereign country. In the constitution of 1945, the unity of Indonesia separated to the provinces and province separated to the districts and the cities that organize and protect their own government business by otonomy principle and helping order. The phrase "separated/divided" in the article 18 paragraph (1) shows that in Indoesia there is no state in the state, whereas the relation between central and local are not separated power but separated authority (article 18A paragraph (1)). The Governor, the regent and the mayor are bestuur not the power holder of local government. Article 1 paragraph (2) of the constitution of 1945 explained that sovereign in the people and implement appropriate with the constitution of 1945. Moreover, article II of additional regulation explain that the determined of the alteration of this constitution, the constitution of 1945 consist of opening and articles. Paragraph IV the opening of the constitution of 1945 explain clearly that the Indonesia democracy is Pancasila democracy which following the democracy representative system, so undirect local election is democratic election.