THE LEGITIMACY OF DIRECT REGIONAL HEAD ELECTIONS AS THE EMBODIMENT OF THE IMPLEMENTATION OF DEMOCRACY IN THE ERA OF REGIONAL AUTONOMY

Abstract The direct election of regional heads is an important part of the implementation of democracy in the regions. The implementation of direct regional head elections is a guarantee for lasting and quality regional autonomy. However, the quality of democracy that occurs in the regional head election still depends on the political will and political commitment of all stakeholders involved in this matter. This study aims to determine the legitimacy of the election of the Regional Head, hereinafter referred to as the direct Pilkada as a manifestation of the implementation of democracy in the region. This study uses a qualitative approach with a descriptive method. The results of the study show that the constitutional legitimacy of direct regional head elections is by enacting Law no. 32 of 2004 amended by the promulgation of Law no. 12 of 2008 concerning the Second Amendment to Law Number 32 of 2004 concerning Regional Government, and the last time it was amended by Law no. 1 of 2015 concerning Election of Governor, Regent and Mayor. Direct election of regional heads has positive impacts, including direct public participation in choosing their leaders, opening up space for fair competition between candidates, giving strong legitimacy to regional heads, minimizing fraud, and finally knowing the competence of potential leaders. Besides the benefits, there are several things that must be criticized, especially regarding the nomination, implementation, supervision and determination of results