The Concept Of Term Of Office Limitation Of Regional Head In Indonesia

Abstract

This study aims to determine the basic application of the regional head office limitation model in Indonesia and how the implementation of the regional head office limitation in various countries. The research method used is normative juridical which uses primary and secondary legal materials and uses the statutory approach, the historical approach, and the comparative approach. The results showed that the underlines of application of the model for limiting the term of office of regional heads are the policy of legislators who equate the model of limiting the position of the head of state government based on Article 7 of the 1945 Constitution also several Constitutional Court decisions which further clarify the technical limitations of the term of office of regional heads. A comparison of the model for limiting the term of office of regional heads in several countries shows that each country applies a different model for limiting the term of office. However, the four countries have one thing in common, namely that the limitation on the term of office of regional heads is a different model from the limitations applied to the positions of heads of state governments. Ideally, the limitation of the term of office of regional heads is a matter that should be decentralized to the regions so that regional regions can determine their policy of limiting their term of office depending on the will of their constituents in the region which is regulated by local provisions.