CALON INDEPENDEN DAN KUALITAS PILKADA PASCAREFORMASI DALAM HUKUM KETATANEGARAAN DI INDONESIA

If the previous era head of the region is chosen by the house of representatives, with reform demands changing the system from representative democracy to direct democracy where the people can directly choose their respective regional heads without having to be represented to the local parliament (DPRD). Precisely in June 2005, the first time in Indonesian history, the people can elect their leader directly. However Thus, in the course of the elections that have been held, many people who are not satisfied with the performance of their political leaders.Direct local elections for regional leaders (Pilkada) actually led to domination of political parties ( Parpol ) in the process of candidacy. Candidates presented by political parties often lead to rejection from the community because they are considered not representing their political goals and aspirations.Starting from the disappointment of society finally the law open space for the community to advance to become candidates of local elections for regional leaders through the elections of independent pathway by the Decision of the Constitutional Court (MK) No.5 / PUU-V / 2007. The formulation of the problem in this study is based from two basic problems, namely (1) How the independent candidates of local election of regional leaders in post-reform can bring significant changes on the format and products of the elections? (2) What format and product of regional election are appropriate with constitutional law in Indonesia?. This research belongs to the category of library research (library research) by using a political approach to law and Anthony Giddens structuration theory by providing a focus of study on the quality of the local eletion of regional leaders with the presence of independent candidates in post-reform on Indonesian constitutional law. This research is descriptive analytic and the collection of data is literary. From the results of research conducted on independent candidates and quality of the local eletions of regional leaders in the post-reform Indonesian constitutional law was obtained the conclusion that the presence of independent candidates in Indonesian constitutional law In the post-reform, it turned out to be able to suppress the dominance of internal political parties on the process ofcandidacy of candidates for the regional elections.Political Parties that used to have privileges in the submission of candidates for the elections through its agents who sits in the Regional Representative Council (DPRD) and beome the only institution which can propose candidates for the regional elections, now the role is diminishing after opening a new room for candidates for regional heads outside political parties with taking an individual or independent route.When political parties become the only institution that can propose candidates for the elections, even transactional politics prone to occur. In this context, the presence of the independent candidates can reduce transactional politics because it stands autonomously not depend on and bound by the elite of political parties