The Problematics of Local Dynasties in Elections of Regional Head

Since it was first implemented by a direct electoral mechanism by the people, based on LawNumber 32 Year 2004, on June 1, 2005 until 2017, there have been 1,397 Pilkada. In this electoralregime, the trend of political practice of dynasties in Pilkada increased. To provide fairnessbetween of the candidates and minimize their negative effects, the law makers formulate thepolitical restrictions of dynasties in the Local Election Law. The restriction is stipulated in LawNumber 22 Year 2014 until it is amended by Law Number 8 Year 2015, that is, candidates whohave a blood relation and / or have marital ties with the incumbent, cannot follow competitionelections, unless they have passed a period of one term tenure, 5 (five) years.Law No. 22 of 2014 was adopted on 30 September 2014 and promulgated on October 2, 2014.Although this Act has undergone two sporadic and rapid changes, the norm of dynastic politicalrestrictions is maintained. Finally, this norm is revoked and declared invalid through the Decisionof the Constitutional Court (MK) Number 33 / PUU-XIII / 2015 which has been stated in PlenarySession, dated July 8, 2015. So, therefore, the restriction is only valid for about 9 months old, 6days.In the contestation of regional head election year 2017, after the issuance of the decision of theCourt No. 33 / PUU-XIII / 2015 which canceled the restriction dynasty, there are at least 12 areaswhose candidates come from incumbent families. In addition, a number of corruption casesinvolving the regional heads political dynasty were again uncovered. In Hand Catch Operation(OTT) of corruption case by The Corruption Eradication Commission (KPK) against the Mayor ofMadiun, Klaten Regent, and Mayor Cimahi involving their respective families, reinforced thecollective memory of the need for restrictions on the politics of dynasties in the elections to carefor the quality of democracy.In order to minimize the negative effects of dynastic politics and encourage the presence ofqualified and responsive regional heads, legal, social and political instruments are required tocover 3 scopes. First, in the nomination process, or before a candidate is head of the region.Secondly, when the head of the region occupies his position. And, Third, after taking office (postserved).