Dynamics of Village Head Election Arrangements

This study aims to analyze the arrangement of village head elections from the beginning of independence until now. The method used in this study is the normative legal research method regarding primary and secondary legal materials. The legal materials obtained are then analyzed descriptively. The results showed that the arrangement of the selection of village heads has its dynamics in line with the development of the politics of the law of the state that occurs. The existing legal, political conditions influence determining the conditions for the candidates of village heads. Although it has been regulated for a long time, it turns out that all existing laws and regulations have not made arrangements related to the provisions of the supervisory mechanism and the mechanism of resolving disputes for the selection of village heads. Regulation of the Minister of Home Affairs on the Selection of Village Heads attaches supervisory duties to the regional election committee. However, it does not make arrangements for how the surveillance process should be conducted.On the one hand, in the regulation, it is expressly mentioned the existence of supervisors in the implementation of village head elections. Nevertheless, it did not specify who the superintendent was. Similarly, the settlement of disputes for the selection of village heads is left entirely to the Regent /Mayor to do so. Granting authority to the head of the region can undermine the democratic process built by the village through the selection of village heads.


Introduction
Discussing Indonesia can not be released from the existence of the village. The village was an early entity of the birth of the country. Even at the beginning of the drafting of the state constitution, the 1945 Constitution, the nation's founders discussed the existence of the village and its position in the state government system. 1 Before the country was formed, the village had been present in managing the lives of its people.
When the state is associated as the largest organization in people's lives, then the village is the closest organization in fulfilling people's lives so that the recognition and respect for the existence of the village in the constitution are not unwarranted but instead has meaning as a form of state responsibility to protect the rights owned by the village.
In Sanskrit, Desa or Village comes from the word swadesi, meaning an autonomous and independent region. 2 Mashuri Maschab 3 , defines the village in three aspects, namely: First, the sociological aspect. The sociological aspect emphasizes the village's understanding of people's lives. In the life of the villagers, the pattern of life is relatively homogeneous, living in a particular area in a strong kinship with a low level of education. The second, the economic aspect. Efforts to fulfill the needs of the village community are more dependent on the natural resources around it. In such conditions, villages with abundant natural resources will look more prosperous than villages with little availability of natural resources. Third, the political aspect. Politically, the life of the villagers is defined as a powerful organization that organizes a system of selfgovernment or autonomy. The use of villages in this political aspect is precisely the same as the construction of village understanding mentioned in Article 1 of Law No. 6 1 Ni'matul Huda. (2015). of 2014 on Villages (Village Law) which states that a village is a group of people living in an area that has the authority to manage its government independently based on the interests of the community and traditional rights recognized by the state.
As a government organization with the right to manage and run its government independently, the village is led by a Village Head chosen through mechanisms governed by existing regulations. Based on the mandate of the Village Law, cadres are elected through a direct electoral process, which is conducted simultaneously in each region. As explained by the Village Law, efforts to conduct simultaneous elections are intended to avoid negative things in their implementation. Unfortunately, the explanation does not elaborate on what negative things are meant to be avoided from implementing the selection of village heads, according to Yasin et al. 4 That is, the Draft Law on Villages never makes arrangements related to simultaneous electoral dictum.
The inclusion of simultaneous election policies may be influenced by the design of simultaneous regional head elections because at the time of discussion of the bill, also discussed the Bill on Local Government and the Bill on The Election of Regional Heads.
The implementation of the elections is in line with the concept of democracy. The prerequisite of a country that declares itself as a democratic state is changing leaders periodically through the electoral process, both at the central and local levels (village).
It must be recognized that village democracy can be measured from the selection process of the village head but how the people are fully involved in organizing village government. The selection of village chiefs is only a small part of efforts to strengthen the democratization of the village. So the study in this article only focuses on the dynamics of organizing the selection of village heads.

Problem Statement
Currently, the filling of village heads is regulated in such a way through the Village Law and its derivative legal products, which must be done through several stages, namely: the preparation stage, the nomination stage, the voting stage, and the determination stage. the question that arises later, how is the arrangement of elections in Indonesia from independence until now? This question is essential to ask in order to track the legal history of village head elections. So it can be known that the design of the election that occurred in the past to be juxtaposed with the current conditions.
The study of the selection of village heads has previously been conducted; one of the studies that are almost the same as this article is the research conducted by Sekar Anggun Gading Pinilih. 5 The object of the study conducted by Pinilih and this article have similarities, which is the difference is the result of analysis of Law No. 6 of 2014 on Villages, primarily related to the implementation of village head elections.

Method
Normative legal research becomes an option in conducting studies on the focus of studies conducted. The research conducted is more centered on the legal aspects, with historical, conceptual, and legal approaches. The materials used in the research are the primary legal materials by making every regulation related to Village Head election a primary reference. In addition, researchers also use secondary legal materials derived from various references obtained both through books and scientific articles. The available collection of legal materials is processed and analyzed descriptively.

Election of Village Head of Early Period of Independence until Old Order
The 1945 Constitution (before the amendment) is a basic rule made by the founders of the nation that will be used to implement the state. If the construction is built in the torso of the 1945 Constitution, there will be no arrangements about the village. Article 18, as the basis of government regulation in the region, only does the division of regional arrangements and the composition of the government. Nevertheless, the existence of the village can be traced in the Explanation of the 1945 Constitution, which mentions that the division of regions in Indonesia as stated in the article, namely large and small areas, then the village is in the composition of small areas that remain recognized for its existence. 6 In order to implement Article 18 of the 1945 Constitution, Law No. 1/1945 on the Position of the Regional National Committee was issued. 7 According to Bagir Manan 8 , That this law officially revived the autonomous regional government that was erased during the Japanese occupation. This law is the first national legal product to make arrangements related to local government. The arrangements related to local  the country. Through this participation, the people use their power to be involved in the decision-making process, including deciding who will be chosen to lead it.
There are restrictions on the suffrage of the people by the Dutch in order to control whom the village head is considered to be able to "synergize" with their interests.
According to Mashuri Maschab, the village chief who did not follow the Dutch wishes will be given sanctions ranging from dismissal from office even to punishment to other family members. With this condition, the Dutch are freer to exploit the resources owned by the village. 10 The birth of Law No. 14 of 1946 seeks to restore the constitutional right of every citizen to be involved in the electoral process; in this context is to choose the head of the village. Although Law No. 14 of 1946 is only limited to making changes to the right to vote, as stated in Stb 1907 No. 212. However, the existence of the regulation gives equal rights for each villager in exercising his suffrage without being limited by social status.
Unfortunately, this regulation does not provide arrangements for organizing elections then the process is carried out following the previous conditions. Nevertheless, before the Provincial Head made the appointment of the village head, the The office for the Regional Head of Level III is the same as the appointment made to the Regional Representative Council to reappoint the Regional Head. In the nomination of the Regional Head of level III, several requirements should be met by each candidate (Law No. 18/1965) stated that "The Regional Head who can be appointed must be an Indonesian citizen. However, in addition, the Regional Head must meet the conditions contained in the staffing regulations", must also meet the following requirements: 1. Have a spirit of unity, sincere and independent or referred to as the soul of the 3. The right to vote is not being revoked by the rule of the court that cannot be contested; 4. Able to speak and have an experience that there is a need for work in government.
5. Know equivalent to junior high school or at least elementary school education; 6. Maximum age 30 years. 14 The birth of the requirement "never hostile to the Industrial Revolution" meant that the candidate for Regional Head of Level III never had any direct involvement in helping the enemy of the state. The birth of this requirement is because even though Indonesia has been independent, there are still groups that seek to undermine the sovereignty of a country from internal and external. According to the legislation, Desapraja is a "legal community unity that has certain regional boundaries, has the right to take care of its motherland, choose the head of state and own property." To become the Head of Desapraja, it must meet the requirements as stated in Law No.
19/1965 that the Head of Desapraja is the local people, provided that: This law has not fully set in detail the conduct of the election. There is no finding of arrangements when problems or disputes occur in implementing village head elections in this law. However, this law has a differentiator between other laws and regulations.
The differentiator can be traced to the existence of precise arrangements related to village arrangements and the mechanism of filling the village head. In practice, this law cannot be fully implemented, and its existence is revoked by Law No. 6/1969 with the provisions of law no. 19/1965 passed when the legislation that replaces it has come into force.

Election of Village Heads in the New Order Era
Village arrangements in this period are contained in Law No. 5/1979 on Local Government. This law, at the same time, repealed Law No. 19/1965. In the legislation, that village can be interpreted as "a number of residents who occupy an area as a unit of law including also in it is the unity of the legal community that has a group (organization) of direct power under the camat and has the right to carry out its own household in the bonds of the Republic of Indonesia." About the mechanism of choosing the village head, it is stated that every local villager can run for village head on the condition that: Regarding the requirements of obedience to the state, it is still maintained in this law.
The difference lies in the existence of a nomenclature that expressly mentions one of the evidence of obedience to the state is not involved in the movement known as

Election of Village Heads in the Reform era
Village-related arrangements in this period, carried out through Law No. 22/1999, Law No. 32/2004, and Law No. 6/2014. The year 1999 was the beginning of the reforms.
The reform era made many changes in the constitutional system, including reforming the constitution. The arrangement of the village, which was previously stipulated in its law, in its course is then united in the arrangements related to the local government was enacted in Law No. 22/1999. Consideration of the law's birth is to provide flexibility for regions in Indonesia to organize autonomy in managing their regions. The provision of flexibility to organize regional autonomy is considered necessary to improve democratic principles, society participation, equity, and justice, and supervise capabilities and diversity in regional areas. Have endurance, physical and spiritual health; 7. Has no mental disorder/amnesia; 8. Have a good, fair, honest, authoritative, and intelligent nature; 9. Not undergoing confinement based on a decision that has absolute power, because the criminal acts decided a maximum of 5 (five) years; 10. The right to vote is not being revoked by the rule of the court that cannot be contested; 11. Know the condition of the area and known by the local villagers 12. Ready to be nominated village head candidates; and 13. Meet all other requirements based on customs following the rules in the local government.
The above requirements are not much like the previous Law (Law No. 5 of 1979). The ban on people who had participated in the G30S/PKI movement was still maintained.
Suppose the previous law contains the provision that a prospective village head should have been a resident and resided in the village for at least two years. In that case, the terms of the prospective village head are sufficient to know the village where he or she is running.
Candidates for village heads who received superior vote support in the BPD were then approved or ratified by the local government, the Regent. Kades served for ten years or 2 (two) terms. Regarding the arrangement of this term of office is subject to a change from the previous law, which states that the office of the Head of Village for eight years can then be re-elected again in one term. The requirements to become a Village Head are: 1. Believe in God; 2. Consistent with the pillars of a state ideology (Pancasila) and the 1945 Constitution; and government; 3. Minimum diploma of First-Level Secondary School or who has the same knowledge/experience; 4. Minimum age 25 years old; 5. Ready to be nominated of Village head; 6. Is a local citizen/ resident; 7. Not undergoing confinement based on a decision that has absolute power, because the criminal acts decided a maximum of 5 (five) years; 8. The right to vote is not being revoked by the rule of the court that cannot be contested; 9. Not yet a Kades for a maximum of 10 years or even two terms of office; and 10. Other requirements of local regulations are met. 18 The requirements of village head candidates and the selection process of village heads, as stated above, no longer give rise to a ban for village head candidates actively involved in the G30S/PKI movement. However, the terms still maintain the provisions 32/2004. Nevertheless, the dispute resolution mechanism is delegated to the local government to regulate it through local regulations. This means that the government issues no standard guidelines to serve as the basis for local governments to design a pattern of dispute resolution arising from the selection process of village heads. Thus the mechanism of settlement was carried out following the tastes of the local government. It is a "weapon" for the head of the region to pass one of the parties favored by the head of the region even though it is not the community's choice.
Likewise, it will be a disaster for candidates who are not affiliated with the regional head.
In 2014  year. The inclusion of the minimum limit as a local villager was later annulled by the Constitutional Court through a ruling numbered 128/PUU-XIII/2015.
Although the process of selecting the village head has been arranged in such a way, the legislator and its derivative regulations are missed in setting the supervisory mechanism and the mechanism of resolving the dispute of the village head election.
First, the surveillance mechanism. Both Law No. 6 of 2014 and its derivative rules do not make arrangements related to the supervision mechanism of the implementation of elections and who should be the supervisor in implementing village head elections.
If you look again at Article 38 paragraph (2) of the Regulation of the Minister of Home Affairs No. 112/2014 concerning the Selection of Village Heads mentioned that: "the agenda of the committee as stated in paragraph (1) that can attend i.e. witnesses from the candidates themselves, the Village Consultative Agency, supervisors and the community," In the construction of the article very clearly mentions the existence of supervisors in the implementation of village head elections. Ironically, it is not mentioned who is referred to as the supervisor in the article. Because it is not clear who is referred to as the supervisor in the article, it is challenging to find arrangements related to monitoring the selection of village heads. On the other hand, the Minister of home affairs regulation attached the supervisory duties to the selection committee of the village head at the regional level. However, it did not elaborate on how it was processed.
According to Yuningsih and Subekti 20 , the selection of village heads can not only be understood as an effort to give birth to the leader of the people's choice. However, it also concerns the pride and honor of the prospective village head. This makes the village head use all means to win this procession, resulting in conflict at the community level.
So inevitably, an institution is required that is given a particular task to carry out supervision in the process of implementation. The supervisor of the village head election can not be attached to the election committee. There will be a monopoly of authority in the implementation of village head elections if the implementation of all stages is dominated only by the committee.
Second, the mechanism of handling village head elections problem. Law No. 6/2014 mandates that the Regent /mayor resolve the dispute kades 30 days at the maximum at the time of receipt of the results of the village head elections. The granting of authority to handle village head elections problems by the Regent/ Mayor makes the role of regional heads very vital. This can cause a conflict of interest because the regional head has political calculations in maintaining his position in the following regional head election. Undeniably, head of village is a central person in the lives of the people in the village. Until the Village head has the expertise to mobilize the community to drop his choice in the regional head election event, in such circumstances, a reciprocal relationship between the regional head and Village head candidates will be decided on the Pilkades dispute where the regional head has the authority to resolve it. Government Regulation No. 47 of 2015 mandates the subsequent arrangement of implementing village head elections rules through local regulations. One of the expected points to be regulated in the regional regulations is handling village head elections. However, the final decision is on the regional head (see Article 37 paragraph (6) of Law No. 6 of 2014).
The regulatory model related to handling village head elections should not be authorized to decide the dispute. A new mechanism is needed in resolving disputes for the selection of village heads, namely the establishment of particular institutions that are ad hoc. The choice of an ad hoc institution is based on the reason that a permanent dispute resolution institution is, in principle, a judicial institution that has the constitutional authority to adjudicate and resolve disputes that are repeated in different cases. In addition, the establishment of a permanent institution will require a large budget and resources. Therefore, this criterion limits the institution of resolving disputes of village heads that are permanent and only ad hoc. However, in supporting the implementation of duties and authorities in resolving any disputes submitted, this institution needs to be equipped with instructions for resolving disputes on the selection of village heads or can be called by the law of handling the issue of Village Head Elections.
The separation of authority for the settlement of disputes village head elections, which was initially in the hands of the regional head to the particular institution as a form of application of the principles of the state of law and democracy that ultimately provides guarantees against the protection of constitutional rights for each candidate of the village head who is contesting.

Conclusion
The arrangement of the selection of village heads has its dynamics in line with the political dynamics of the state's laws in the country. We can see the legislation at any period. There is a measure of loyalty to the country by stating a clause on "not obstructing the Indonesian Revolution." In its development, the provision was later omitted and replaced with the provision "not involved with pki activities and its mass organizations including not being involved in the 30S/PKI Movement". This requirement was later eliminated, but the conditions related to loyalty to the state were carried out universally, namely "Consistent with the pillars of state ideology (Pancasila) and the 1945 Constitution, the Unitary State of Indonesia and bhineka Tunggal Ika".
All the rules concerning village head elections, both from the beginning of independence to the present, have not made rigid arrangements related to the monitoring mechanism and resolving disputes of village heads. Therefore, changes to the current regulations are needed to improve the quality of the selection results of the village head.