ELECTION, APPOINTMENT AND DISMISSAL OF VILLAGE HEAD REVIEWED FROM BURU REGENCY REGULATION

ELECTION, APPOINTMENT AND DISMISSAL OF VILLAGE HEAD

REVIEWED FROM THE REGIONAL REGULATION OF BURU DISTRICT

Arman Anwar*)

 

Abstract

 

The euphoria of village communities post-reform has had a significant influence on the delegitimization of power in villages due to the rise of the spirit of village community control over village government.

The wide openness of democratic space, without adequate political education for village communities, often leads to cohesion, which gives rise to issues of violence and deviations from democratic values. Acts of terror and intimidation against villagers, money politics, and other reprehensible behavior consistently mar democratic celebrations when villagers prepare to hold village head elections. 

The role of the Village Consultative Body (BPD) as a political mechanism and process built on local initiatives to prevent violent practices and deviations from democratic values ​​needs to be socialized to village communities. The BPD's presence is intended to implement village subsidiarity in creating village regulations, while also providing a space for political articulation, community participation, and oversight of village government. Empirically, the continued openness of democratic space and the presence of the BPD have made villages more vibrant and democracy more vibrant due to the balanced system of power sharing between the village head and the village parliament.

The power of the village head, which was previously absolute and centralistic, has gradually become more dynamic through democratization, making him more "careful" and responsible in managing power in the village.

 

 

I. LEGAL BASIS FOR VILLAGE HEAD ELECTIONS

 

The election of Village Heads, especially in Buru Regency, must refer to LAW NUMBER 32 OF 2004 CONCERNING REGIONAL GOVERNMENT. GOVERNMENT REGULATION NO. 72 OF 2005 CONCERNING VILLAGES (Articles 43 – 54). BURU REGENCY REGULATION NUMBER 31 OF 2007 CONCERNING PROCEDURES FOR NOMINATION, ELECTION, APPOINTMENT, INAUGURATIONS, AND DISMISSAL OF VILLAGE HEADS AND VILLAGE OFFICIALS.

Article 203 paragraph (1) of Law No. 32 of 2004 concerning Regional Government states that the Village Head is elected directly by and from the village residents who are citizens of the Republic of Indonesia, the further requirements and procedures for election of which are regulated by Regional Regulations which are guided by Government Regulations.

Articles 46 and 53 of Government Regulation No. 72 of 2005
The Village Law states that the Village Head is elected directly by the village residents from among qualified candidates in a direct, general, free, secret, honest, and fair manner. Further provisions regarding the Procedures for Election, Nomination, Appointment, Inauguration, and Dismissal of the Village Head are regulated by the Regency/City Regional Regulation.

BURU REGENCY REGULATION NUMBER 31 OF 2007 CONCERNING
PROCEDURES FOR NOMINATION, ELECTION, APPOINTMENT, INAUGURATIONS, DISMISSAL OF VILLAGE HEAD AND VILLAGE OFFICIALS. Has regulated various matters concerning the election of village heads in Buru Regency as follows:

•  PREPARATION FOR VILLAGE HEAD ELECTIONS

•  ELECTION COMMITTEE
•  THE RIGHT TO VOTE AND BE ELECTED
•  VILLAGE HEAD CANDIDATES
•  VILLAGE HEAD CANDIDATE CAMPAIGN

•  VILLAGE HEAD ELECTION
•  RE-ELECTION
•  VILLAGE HEAD ELECTION COSTS
•  DETERMINATION AND APPROVAL
•  SELECTED CANDIDATE
  •  Determination of Elected Village Head Candidates
  •  Inauguration of the Elected Village Head
•  DISMISSAL OF VILLAGE HEAD
•  APPOINTMENT OF ACTING VILLAGE HEAD
•  VILLAGE HEAD'S PROHIBITION
•  OTHER MATTERS REGARDING VILLAGE OFFICIALS

 

II. PREPARATION FOR VILLAGE HEAD ELECTIONS

         The BPD notifies the Village Head of the end of the village head's term of office in writing 6 (six) months before the end of the term of office; the BPD processes the election of the village head, no later than 4 (four) months before the end of the village head's term of office; 4 (four) months before the end of the term of office, the village head submits an end-of-term report to the Regent through the Sub-district Head and provides an accountability report to the BPD;

 

III. ELECTION COMMITTEE

            The BPD forms a Village Head Election Committee whose membership consists of:

1. Village Apparatus Elements;
2. Village Community Institution Administrators;
3. Community Leaders and Religious Leaders.

            The Village Head Election Committee as referred to in paragraph (1) is determined by a BPD Decree and reported to the Regent via the Sub-district Head;

            The Village Head Election Committee has the following duties and authorities:

1. Announcing plans for village head elections;
2. conducting the selection and screening of prospective village head candidates according to the specified requirements;
3. receive registration and complete administrative requirements for prospective village head candidates;
4. conduct research and check the identity of prospective village head candidates based on applicable provisions;
5. determine the election schedule after coordinating with the BPD;
6. carry out voter registration and determine the number of voters;
7. submit a budget plan for the village head election;
8. determine the place, schedule, rules and campaign mechanisms for village head candidates;
9. announce the village head candidates who are eligible to be elected and the voter list;
10. carry out voting for village head elections;
11. report and submit the results of the implementation of the village head election accompanied by minutes of the voting process and minutes of the vote counting to the BPD to be determined by a BPD decision.

 

IV. THE RIGHT TO VOTE AND BE ELECTED

Those who have the right to elect the Village Head are Village Residents who are citizens of the Republic of Indonesia who fulfill the requirements (Article 7):

1. registered as a legal resident of the local village for at least 6 (six) months without interruption as evidenced by a Resident Identity Card and/or a certificate from the Village Head or authorized official;
2. has reached the age of 17 (seventeen) years or is/was married;
3. not currently serving a criminal sentence based on a court decision that has permanent legal force;
4. not having their voting rights revoked based on permanent legal force;
5. clearly not disturbed by his soul / memory.
   1. Those who are entitled to register and be elected as Village Head are village residents who are citizens of the Republic of Indonesia and who fulfill the following requirements:
      1. be devoted to God Almighty;
      2. loyal to Pancasila as the State Foundation, the 1945 Constitution of the Republic of Indonesia and to the Unitary State of the Republic of Indonesia and the Government;
      3. have a minimum education of Junior High School and/or equivalent;
      4. minimum age 25 (twenty five) years and maximum age 55 years;
      5. at the time of registration, registered as a village resident and residing in the village concerned for at least 2 (two) consecutive years, except for village sons;
      6. Police Record Certificate from the local police/good conduct proven by a statement from the village head;
      7. never been convicted of a crime with a minimum sentence of 5 (five) years;
      8. not having their voting rights revoked in accordance with a court decision that has permanent legal force;
      9. physically and mentally healthy based on the results of a health examination by a local government doctor;
      10. has never served as Village Head for 2 (two) terms;
      11. know and be known by the community, as evidenced by having resided in the local village for at least 2 (two) consecutive years without interruption;

 

            Civil servants and members of the Indonesian National Armed Forces (TNI) and Indonesian National Police (POLRI) who run for village head must obtain approval from their immediate superior or authorized official. Incumbent village heads seeking re-election must obtain leave permission from the Regent. Incumbent village officials must apply for leave from the time of registration until the vote count is completed. Villagers who are elected and appointed as village heads must reside in the village as of the inauguration date.

Meanwhile, those who have the right to vote are village residents who have fulfilled the requirements as referred to in Article 7, registered or registered themselves as voters. Voter registration as referred to in paragraph (1) is carried out by the Voter Registration Officer openly by proving their identity. Every resident who has registered as a voter must be present to cast their vote and may not be represented by another person.

 

V. VILLAGE HEAD CANDIDATES

The village head election committee establishes procedures for selecting and screening prospective village head candidates. Applications for village head candidacy must be submitted in writing to the Regent through the village head election committee, accompanied by the requirements.

         The selection of prospective village head candidates takes place for 15 (fifteen) days. The selection produces at least 2 (two) prospective village head candidates. If within 15 (fifteen) days 2 (two) prospective village head candidates have not been selected, the selection period will be extended for another 15 (fifteen) days. In the event that up to the extension as referred to in paragraph (3) there are still no 2 (two) prospective candidates, the selection of prospective village head candidates will be postponed for a maximum of 3 (three) months.

 

The Election Committee conducts a review of the administrative requirements for prospective village head candidates. Prospective village head candidates who meet the administrative requirements are publicly announced by the election committee. The election committee conducts a screening test for prospective village head candidates who meet the requirements. Prospective candidates who pass the screening are declared eligible to be elected, and their names are announced in locations easily accessible to the public.

The District's Eligibility Test Team conducts screening of prospective village head candidates, both in writing and verbally. The screening materials include: Basic material consists of Pancasila and the 1945 Constitution;

1. The main material consists of village government, village development and community empowerment;
2. general knowledge that is deemed necessary according to the prospects and potential of the village concerned.

 

The screening of prospective village head candidates is carried out verbally/interview to determine the motivation, vision, and mission of the relevant village development. To ensure neutrality in the screening test, the test material and examination are carried out by the Regency Government. A prospective village head candidate can be declared to have passed if the results of the screening test have met the standard score of 6,0 (six point zero). No later than 7 (seven) days after the screening test is carried out, the Regency Government must submit the results of the screening test to the village head election committee.

         The results of the screening as outlined in the Decree signed by the head and secretary of the Regency Eligibility Test Team, are then submitted to the Sub-district Head with a copy to the election committee and the relevant village BPD. If a candidate appointed at the time of the election withdraws or dies, no replacement candidate is permitted as long as the number of remaining candidates still meets the requirements for holding the village head election.

 

 

VI. VILLAGE HEAD CANDIDATE CAMPAIGN

 

             Village head candidates campaign for their work programs to the community, the implementation of which is regulated by the election committee. The election committee determines the location, mechanism, system, and time of the campaign. The campaign period is set at a maximum of 7 (seven) days. Each village head candidate is prohibited from conducting any form of campaigning three (3) days before the vote.

 

VII. VILLAGE HEAD ELECTION

 

            The village head is directly elected by the village residents from among the candidates appointed by the election committee. The village head election must be direct, public, free, secret, honest, and fair. The election will take place on the day, date, and location determined by the election committee.

At the latest 7 (seven) days before the election is held, the election committee will notify the village residents who are entitled to vote and make an announcement in places that are easily known to the general public that the village head election will be held.

After the voting is completed, the chair of the voting committee announces the voting and asks the meeting forum whether the voting is valid or not. If the meeting forum does not raise any objections, the chair of the election committee declares the voting valid and the vote counting process continues. If the meeting forum raises objections, the vote counting process continues and the objections are resolved by the supervisory committee.

 

VIII. DETERMINATION AND VALIDATION OF ELECTED CANDIDATES

 

After the vote count is complete, the election committee prepares and reads the election minutes. The minutes are signed by the Chair of the Election Committee, witnesses, and all Village Head Candidates. The Chair of the Election Committee announces the election results and declares the election of the village head candidates valid.

         The head of the election committee submits a report and minutes of the election to the Village Consultative Body (BPD). The BPD will immediately submit the Determination of the Elected Village Head Candidate to the Regent through the Sub-district Head for ratification as the Elected Village Head.

The Regent issues a Regent's Decree regarding the Confirmation and Appointment of the Elected Village Head no later than 15 (fifteen) days from the date of receipt of the election results from the BPD via the sub-district head.

 

IX. Inauguration of the Elected Village Head

 

No later than 15 (fifteen) days from the date of issuance of the Regent's Decree regarding the ratification of the elected village head, the elected village head shall be immediately inaugurated by the Regent or an appointed official. The inauguration of the village head may be held in the village concerned in front of the community or at another location with mutual agreement. Before taking office, the village head shall take an oath/promise.

After taking the oath/promise and being inaugurated by the Regent, the village head concerned immediately carries out the handover of office.

The term of office of the village head is 6 (six) years from the date of inauguration and can be re-elected for only one subsequent term of office.

 

X. DISMISSAL OF VILLAGE HEAD

Village heads who neglect their duties, authority and obligations and violate prohibitions, thereby harming the interests of the state, government, regional government, village government and the community or committing acts against the law and/or norms that have developed in the village concerned will be subject to administrative action in the form of a warning, temporary suspension, and/or dismissal in accordance with applicable laws and regulations after undergoing an examination by the District Village Government Problem Resolution Team. 

         The village head is temporarily dismissed by the Regent without a proposal from the BPD if:

1. declared to have committed a crime punishable by imprisonment for a minimum of 5 (five) years based on a court decision that has not yet obtained permanent legal force;
2. has the status of a suspect in committing a criminal act of corruption, a criminal act of terrorism, treason and/or a criminal act against state security;

 

The village head resigned because:

1. die;
2. own request;
3. dismissed.

 

The Village Head is dismissed as referred to in paragraph (1) letter c because:

1. the term of office has ended and a new official has been appointed;
2. unable to carry out duties continuously or permanently prevented from doing so for 6 (six) months in a row;
3. no longer meets the requirements as village head;
4. declared to have violated the oath/promise of office;
5. not carrying out the duties of the village head and/or;
6. violating the prohibition for village heads

 

 

XI. APPOINTMENT OF ACTING VILLAGE HEAD

 

         The appointment of the Acting Village Head is determined by a Regent's Decree upon the recommendation of the Sub-district Head. This appointment is in accordance with the minutes of the BPD meeting and is made by village officials or local sub-district staff. The duties, authorities, and obligations of the Acting Village Head are the same as those of the Permanent Village Head. The term of office of the Acting Village Head is a maximum of 1 (one) year from the date of appointment or until the election of the Permanent Village Head.

 

CLOSING

            That's all we can convey. If there are any shortcomings, we apologize. We are always open to discussion. We hope this information is helpful to all of us. Thank you.