THE SYSTEM OF APPOINTMENT AND ELECTION OF THE HEAD OF STATE GOVERNMENT IN CENTRAL MALUKU (A Study from the Perspective of Democratic Development in Indonesia)

APPOINTMENT AND ELECTION SYSTEM

HEAD OF STATE GOVERNMENT IN CENTRAL MALUKU 

(A Study from the Perspective of Democratic Development in Indonesia)[1]

 

Eric Stenly Holle

 

Background

Law Number 32 of 2004 concerning Regional Government and Government Regulation Number 72 of 2005 concerning Villages, stipulates that Villages or those called by other names, are legal community units that have territorial boundaries, are authorized to regulate and manage the interests of the local community based on local origins and customs that are recognized and respected in the Government system of the Unitary State of the Republic of Indonesia and are located in the Regency/City. The provisions in Law Number 32 of 2004 refer to Article 18B of the 1945 Constitution (after amendment) which is based on the basis of thinking regarding village regulations, namely diversity, participation, original autonomy, democracy and community empowerment.

To further explain the spirit and spirit contained in Article 18B of the 1945 Constitution and Law Number 32 of 2004, the Regional Government of Maluku Province issued a Regional Regulation which is an umbrella provision. (umbrella provision) to produce various regulatory policies at the local legal system level which are expected to be able to make the Central Maluku Regency region develop more advanced in accordance with the characteristics and characteristics of the region. The Regional Regulations in question are Maluku Province Regional Regulation Number 14 of 2005 concerning the Re-establishment of Negeri as a Unit of Customary Law Community within the Maluku Province Government Area which in principle establishes negeri as a unit of customary law community in Maluku Province and Central Maluku Regency Regional Regulation Number 01 of 2006 concerning Negeri.

The people of Central Maluku Regency are generally indigenous people, known as customary law communities with the name state which is regulated based on local customary law, the customary community units along with their government apparatus have long existed, lived and developed and maintained in the social order of society. The State in Central Maluku Regency as a customary law community unit, has the authority to regulate and manage the interests of the local community based on the rights, origins of the State, customs and customary laws recognized in the National Government System. On the other hand, there is the Administrative State as a result of the development and progress of society which must also pay attention to the original rights and interests of the local community. The existence of the Administrative State/State places customs and customary laws in their true context. Therefore, the autonomy of the State as an inherent autonomy and the autonomy of the Administrative State as a given autonomy, should be developed for the benefit of the State/State Administrative community which is not free from the control of the Government (Maluku Provincial Government and Central Maluku Regency) as long as it concerns the National interest that must be implemented.

In order to ensure the smooth running of governance, development, democracy and society in the State, the existence of the State Government is an important factor. For this reason, the Regional Government of Central Maluku Regency has issued Regional Regulation Number 03 of 2006 concerning Procedures for Nominating, Electing and Inaugurating the Head of the State Government and Regional Regulation Number 07 of 2006 concerning Procedures for Electing, Appointing and Dismissing State Apparatus which are intended to implement the principles of democracy in the general government system and customary government which is an effort to empower the functions and roles of government institutions as a manifestation of the principles of democracy, a mechanism or system is needed in the nomination, election and inauguration of the Head of the State Government which is a demand for democratic principles and must be supported by a legal system, which can be used as a reference, so that it can produce a leader figure while still respecting the rights of community members, as part of human rights. The democratic system that is built still pays attention to the government system in general, which will produce a leader in the Customary Community Unity without ignoring the principles of customary law or applicable laws and regulations.

The indigenous people in Central Maluku Regency, for the most part, still respect the figure of a leader in the Customary Law Community Unity who comes from the descendants of the matarumah/descendants who according to the customary law of Central Maluku Regency have the right to hold the title and charisma of the leader and cannot be transferred to another party, except in special cases determined based on the results of deliberations of the matarumah/descendants who have the right together with the Saniri Negeri.

Based on the description of the background of the problem above, the formulation of the problem in this paper is: How is the System of Appointment and Election of the Head of Government of Central Maluku from the Perspective of Democratic Development?

 

Discussion

1. The Concept of Democracy

Democracy is understood as a very broad field. Whatever its form, the phenomenon of democracy is very interesting to discuss. This is especially true when linked to the reality that Indonesia is a country that still relies on the democratization process as a foundation. Substantially, democracy will not function effectively without the development of internal organization within political parties, government institutions, and community associations. The sustainability of democracy requires a people who agree on the meaning of democracy, who understand how democracy works and its benefits for their lives. Strong democracy is rooted in the will of the people and aims to achieve the common good or welfare. Therefore, democracy must be related to the issue of representing the will of the people.[2] In the framework of political theory, democracy places more emphasis on the elements of society as a variable.

W.A. Bonger stated that democracy is not merely a form of state administration but also a form of organizational activity outside the state, for example, that found in the world of independent associations. Democracy in associations outside the state is a form of leadership, a collectivity without questioning whether it is a forced social life like a state or an independent association. Meanwhile, democracy in the state system is a form of government.[3]

Understanding democracy in a linguistic perspective (etymology) both the origin of the word and the origin of the language are a combination of two words in Greek, namely "Demos" which means the people or residents of a region, and "Cratein" or "cratos" which means government or government/authority, so that democracy simply means government of the people or sovereignty/authority of the people.[4]

Considering that sovereignty is inherent in the individual to govern and defend himself, and considering that the people are not one or two individuals, but rather a combination or group of individuals who consciously join together to govern themselves, then sovereignty is then also combined. This popular sovereignty is not to protect some people and oppress others. But to protect all the people within the sovereign territory of the state, in accordance with the state's objectives as stated in the constitution.

Moh. Mahfud MD stated that in a country that adheres to the principles of democracy, government power rests in the hands of the people. In a country that adheres to the principles of democracy, there is an element of government by the people (government of the people), government by the people (government by the people), and government for the people (government for the people).[5]

Inu Kencana Syafi'i, the principles of democracy are as follows:[6]  There is a division of power, there are free general elections (general elections), the existence of open government management, the existence of individual freedom, the existence of an independent judiciary, the existence of recognition of minority rights, the existence of a government based on law, the existence of a free press, the existence of multi-political parties, the existence of deliberation, the existence of parliamentary approval, the existence of a constitutional government, the existence of supporting provisions in a democratic system, the existence of supervision of public administration, the existence of protection of human rights, the existence of a clean government (clean and good government), the existence of competition in expertise (professionalism), the existence of political mechanisms, the existence of just state policies, and the existence of a government that prioritizes responsibility.

These principles must be in synergy with one another, because if these principles are implemented without being followed by other principles, democracy will not be able to run well.

 

State Government System

The Village Government System in Maluku under the customary regime is known as the State Government and generally applies on Ambon Island and Central Maluku Regency. The State Government is the basis of indigenous communities and has clear land and sea boundaries called petuanan negeri, and a government system that is genealogical or based on lineage. The State Government according to the Regional Regulation of Central Maluku Regency Number 01 of 2006 concerning Negeri is the implementation of Government affairs by the State Government and Saniri Negeri in regulating and managing the interests of local communities based on the rights of origin and local customs and is recognized and respected in the Government system of the Unitary State of the Republic of Indonesia.

Under the customary regime, each state has a state government organizational structure. This state government structure is a legacy of the Dutch government, where this customary legal system was established in a decree. Amboina Landraad No. 14 of 1919; it is stated that the State Government is regent en de kepala soas's. further in the decision Amboina landaard No. 30 of 1919 states that negorijbestuur is regent en de Chiefs of Soa, which means that the implementation of the government of the country is carried out by the King and the Soa Chiefs.[7]

One of the organizational structures of the Ameth State government in Nusalaut District, Central Maluku Regency can be seen in Figure 1. The figure shows the King and the Soa Chief as the implementers of the state government. This is known as Rajapatti Saniri Agency consisting of the King and the Soa Chief. This body is the executive body under the leadership of the King. The King is the holder of the country's government and also acts as the traditional head in leading traditional events. The King is responsible for maintaining law and custom, the unity and peace of the country, and carrying out state administration such as marriages, inheritance distribution, and so on. In carrying out these duties, the King is assisted by scribes who serve as assistants to the King in carrying out state administration and providing services to the community. Scribes function in carrying out correspondence, archiving, and reporting.Soa Chief, appointed by Soa children whose duty is to assist the King in carrying out the government of the country when the King is not there. Head Sounds given the authority to replace the King in carrying out the duties of governing the country in serving the needs of the people. As the leader of a part of the country consisting of several clans, Soa Chief "It also functions to accommodate and channel the aspirations and opinions of the people within the territory of power"Sounds"his. Head of Soa also plays a role as a traditional head who carries out the King's duties to carry out traditional wedding ceremonies, especially in receiving dowry gifts given from the groom to the local government.

Beside Saniri Rajapati ada Saniri Negeri which is a collection of representatives Sounds namely a community group consisting of several clans or "house"(custom) which elects and appoints one of its members as a representative at Saniri Negeri and 1 person as Soa Chief. In the implementation of state governance, there is a legislative body known as Complete Saniri Negeri. Saniri Negeri Complete consists of: members Saniri, traditional elders and influential community figures such as teachers, civil servants, religious figures (priests/imams), Kewang; village security guards and forest and sea supervisors, Kapitan; war leader; Marinyo; the person responsible for communicating government decisions (the King) to the country's government staff and to the public; Lord of the Country as a leader implementing domestic customs, and Landlord. Task Complete Saniri Negeri is mdetermine policies and issue regulations together with Saniri Rajapatti. Saniri Rajapatti In carrying out something important in the country, we will first consult with Complete Saniri Negeri to ask for his approval. The leader Complete Saniri Negeri This is the King, but apart from serving as a legislative body, Complete Saniri Negeri is also tasked with electing the King according to applicable procedures.

There is a state consultative body known as Saniri Negeri Big which acts as a judicial body. Saniri Great Country tasked with holding a complete, open meeting between Saniri Rajapatti and Complete Saniri Negeri and all adult male residents aged 18 years and over. This meeting is held once a year, usually at the beginning or end of the year, and takes place in a traditional house called Baeleo and led by the King.

Looking at the organizational structure of the country's government in Figure 1 above, the King is the first and most important figure in the country's government system. The King has the capacity and function of leading the executive, legislative, and judicial bodies. However, despite these capacities and functions, the King does not have absolute power in carrying out his duties. When making decisions, the King must consider the opinions of other bodies.  Saniri NegeriThe customary institutions within the customary state government structure play a significant role in the continuity of community development. These customary institutions are highly respected, adhered to, and valued by the community in various matters, such as decision-making, land boundary dispute resolution, and so on. advice, inauguration Raja, as well as the implementation of traditional ceremonies

 

 

 

 

Discussion

As in other regions and villages in Indonesia, Maluku Province also experienced a transition period, or change, from Law No. 5 of 1979 concerning Village Government to the Decentralization Policy (Regional Autonomy). The implementation of Law No. 5 of 1979 weakened the existence of local institutions. When Law No. 32 of 2004 concerning Regional Government was enacted, the mechanisms and customs of local government and communities returned to the land and customary systems as they existed before Law No. 5 of 1979 was enacted.

Gradually, the customary and customary systems of the country were restored. The Head of the Country Government (read: King) began to be democratically elected. However, the hereditary position of Head of the Country Government generally seemed to be preferred by the people of the country as their figurehead or leader. In other words, this hereditary position of Head of the Country Government provided more legitimacy than a democratically elected Head of the Country Government. The process of restoring this country system was problematic in some places. For example, it led to disputes over the position of Head of the Country Government, who also served as village head.

In the Maluku context, the Head of a State Government holds the same status as a village head. A Head of a State Government can hold the position either through hereditary succession or through democratic election. Inauguration for the position of Head of a State Government, a Head of a State Government often has to undergo two inaugurations to gain legitimacy as both the head of the state government and the head of the local administrative government.

As in other traditional villages in Maluku, the Soa Parentah plays a significant role in determining which candidates for Head of State are eligible to participate in the election. The nomination of candidates by the Soa Parentah demonstrates their role in the election process. This is a customary law provision that has been in effect since the country's inception.

The Head of the State Government who has served his term of office will in principle directly enter the Soa Parentah and of course has the right to determine the prospective candidates who will participate in the election of the Head of the State Government after passing the selection or discussion at the Saniri Negeri level.

It is acknowledged that customary law is still alive and thriving in Maluku. This means that the community still recognizes and respects customary law as the law that governs their way of life, even though it must be acknowledged that it has changed or shifted due to the currents of globalization and modernization. Traditional villages in Maluku are called Negeri (village), and the Head of the State Government is called Raja (king), or by other names according to local customs, customary law, and culture. The Head of the State Government is assisted by other State Government officials, such as the State Clerk/Secretary and the Head of the Soa (village head) as elements of the State Government administration.

A Head of State Government (King) is almost certainly descended from a royal line. This tradition began during the Dutch colonial era, and perhaps even before. This hereditary system continued despite the enactment of Law Number 5 of 1975 (Village Government) during the Old Order. Currently, in elections for heads of state government, the public generally still supports candidates from royal lineages. This phenomenon is due to traditions and customs, which are still widely respected by the community.

To guarantee legal certainty, the principles of democratization are adapted to the values ​​of customary law, traditions and culture that grow and develop in society, the Central Maluku Regency Government issued Regional Regulation Number 03 of 2006 concerning Procedures for Nominating, Electing and Inaugurating Heads of State Government and Regional Regulation Number 07 of 2006 concerning Procedures for Electing, Appointing and Dismissing State Apparatus.

The system of election of Head of State Government in Central Maluku Regency uses a mechanism of direct election by the people of the country against candidates who have fulfilled the requirements (Article 6 paragraph 1 of Regional Regulation Number 03 of 2006) The election of head of state government is direct, general, free, secret and fair (Article 6 paragraph 2). The election of Head of State Government is carried out through several stages, namely, selection, screening, determination of candidates, determination of symbols, campaign, election/voting and determination of elected candidates (Article 7). This means that the election system regulated in Regional Regulation Number 03 of 2006 has fulfilled the elements and principles of democracy in Indonesia.

To organize the election of the head of the state government, the State Saniri Agency forms an Election Committee. The State Saniri is an institution/agency that is the embodiment of democracy in the implementation of state government and as an element of the state government administration, functions as a legislative body that together with the head of state government forms state regulations, supervises the implementation of the duties of the head of state government and is an agency that accompanies the head of state government in leading the state according to the duties and authorities he has.

The position of Head of the State Government is the right of a particular household/descendant to determine based on deliberation of the household/descendant. The specificity is based on customs and customary law where the right to become Head of the State Government is the right of a particular household/descendant that must be upheld in relation to the recognition of the existence of the Customary Law Community as regulated in Article 18 of the 1945 Constitution and Law Number 32 of 2004 concerning Regional Government. However, the reality in the customary law community in Central Maluku Regency shows that there is recognition of more than one household/descendant who has the right to become Head of the State Government. Therefore, specifically in a country where the household/descendant who has the right to become Head of the State Government is single (only one), the results of the deliberation of the household/descendant can be determined as Head of the State Government by the Saniri Negeri.

The democratic space where the people have the right to determine the Head of their State Government is open through elections, if the household/descendant who has the right to become the Head of the State Government is more than one household/descendant based on the results of the deliberation of the household/descendant in accordance with the applicable Regulations. The process of inauguration of the Head of the State Government is urgent in the context of reviving the customs of the State as well as in the context of education, inheritance of customary values ​​and customary law and tourism, then the process of inauguration of the head of the state government is carried out. Therefore, deliberation of the household/descendant and election of the head of the State Government needs to be carried out and needs to be stipulated in the State Regulations.

The direct election system for heads of state governments is a highly strategic political step to gain political legitimacy from the people within the framework of the leadership of the head of state government. Legitimacy is a commitment to realizing values ​​and norms that have legal, moral and social dimensions. Clearly, a head of state government is elected with procedures and procedures in accordance with applicable regulations while still taking into account the uniqueness of each region, through a free, fair and just campaign and election process in accordance with social norms and political ethics, supported by the majority of votes from all voters objectively, and carries out the duties and functions of the head of state government in accordance with the commitments made in the campaign and election process.

 

Closing Event

The specificity based on customs and customary law where the right to become Head of the State Government is the right of certain households/descendants that must be upheld in relation to the recognition of the existence of Customary Law Communities as regulated in Article 18 of the 1945 Constitution and Law Number 32 of 2004 concerning Regional Government. The democratic space where the people have the right to determine the Head of their State Government is open through elections, if the household/descendants who have the right to become Head of the State Government are more than one household/descendants based on the results of deliberations of the households/descendants in accordance with applicable regulations.

With a direct election system by the people of the country, the people have the opportunity and sovereignty to determine the Head of the State Government based on applicable regulations, just as the people elect the president and vice president, and members of the Regional Representative Council (DPD), the House of Representatives (DPR), and the Regional People's Representative Council (DPRD). The direct election of the head of the state government also responds to the aspirations of the people of Central Maluku Regency.

 

 

Reading List

 

Endang Sudardja, State Politics, Karunika, Jakarta, 1986

Mochtar Mas'oed, State, Capital and Democracy, second printing, Pustaka Pelajar, Yogyakarta, 1999

Mahfud MD, Law and the Pillars of Democracy, Gama Media, Yogyakarta, 1999

Ruslan Abdulgani, Several Notes on the Practice of Pancasila with an Emphasis on the Review of the 4th Principle, namely Pancasila Democracy, in Indonesian Democracy: A Review of Politics, History, Economics-Cooperatives and Culture, Widya Patria Foundation, Yogkarta, 1995

Ubaidillah U , Citizenship Education: Democracy, Human Rights and Civil Society, IAIN Jakarta Press, Jakarta, 2000

Ziwar Effendi, Ambon-Lease Customary Law, Pradnya Paramita, Jakarta, 1987