VOLUME 1, ISSUE 2 NOVEMBER 2020 POSSIBLE 2020 REGIONAL HEAD ELECTIONS AS A RESPONSE TO THE COVID 19 PANDEMIC IN VARIOUS PERSPECTIVES Afifa Rangkuti Faculty of Sharia and Law, Universitas Islam Negeri Sumatera Utara [email protected] ABSTRACT Various sectors were affected, especially sectors in the economic sector. Not only the economic sector, the government sector also experienced the impact. One of the sectors in the government category is the pilkada or regional head elections (Pilkada). Pilkada in accordance with the plan will be held simultaneously in 2020. However, the national situation which is being hit by the Covid-19 outbreak has forced the phases of the Pilkada to be delayed. This year's Pilkada cannot be implemented or postponed due to the impact of Covid-19 that is hitting Indonesia. However, the health protocol requirements must be implemented, such as wearing a mask, washing hands with soap, keeping your distance, using a hand sanitizer and personal protective equipment or APD. The Pilkada this year cannot be held simultaneously. The Method use in this research is normative legal research. The result showed that the total number of regions that will carry out the Pilkada simultaneously in 2020 is 270 regions, with details of 9 provinces, 224 regencies and 37 cities. However, this year's Pilkada cannot be implemented or postponed due to the impact of Covid-19 that is hitting Indonesia. This was done as an effort to anticipate the spread of the corona virus.. Keywords: Delay, Pilkada, Covid Pandemic 19. Journal History Received : August 19, 2020; Reviewed : October 10, 2020; Accepted : October 28, 2020; Published : November 1, 2020 Copyright @2020 NLR. All right reserved. ISSN (Print) 2723-3413 - ISSN (Online) 2722-3663 170 VOLUME 1, ISSUE 2 NOVEMBER 2020 good, honest and fair manner, without INTRODUCTION coercion against individuals as has Democracy is something that happened in the past. Moreover, the is universal, because in general holding of elections is to elect leaders modern countries classify themselves and establish other democratic as countries that uphold democracy, institutions. In the context of local even though the implementation democracy, regional head elections mechanisms, both involving political (pilkada) or regional head elections infrastructure and supra political (pemilukada) are efforts to find structure, differ from one another, this quality regional leaders in peaceful, is more due to differences in life honest and fair ways. One of the most views. from each country. The important principles of democracy modern constitutional state always therein is recognition of differences has a nationalist or national and peaceful solutions. The background and tends to be implementation of regional elections 1 democratic. cannot be separated from its basic General elections are the main foundation related to the mechanism involved in the stages of implementation of regional state administration and government government that uses the principle of formation. General elections are seen regional autonomy, while the as the most obvious form of development of regional autonomy sovereignty in the hands of the people as part of decentralization will always in the administration of the be related to the success of the reform State. Therefore, the system and order which has made the administration of general elections implementation of the principle of has always been the main concern of regional autonomy in Indonesia the Government so that the guidelines increasingly improved, and opens up from, by, and for the people are space for area to create expected to really be realized through independently. At the beginning of the structuring of the system and the the reform, the foundation of the quality of general election regional autonomy regulation was administrators. Because it is a Law 22/1999 on the implementation measure of the degree of democracy of regional government (regional of a country, the implementation of autonomy), it turns out that the elections (legislative, presidential process of implementing regional elections and regional head elections head elections (pilkada) is still elected (pilkada) / post-conflict local by DPRD members. elections) must be carried out in a 1 Eka N.A.M Sihombing, Asasi Manusia, Jurnal Konstitusi, Vol. 1, Pemberlakuan "Parliamentary No. 1, Juni (2009), p. 26-27. Threshold" dan Kaitannya dengan Hak ISSN (Print) 2723-3413 - ISSN (Online) 2722-3663 171 VOLUME 1, ISSUE 2 NOVEMBER 2020 Amendments to the automatically affected the Constitution of the Republic of implementation mechanism for Indonesia in 1945 were the regional head elections (pilkada) to be culmination of a fundamental change carried out directly and began to be achieved by the power of the people implemented in 2005. Covid outbreak after the New Order government. -19 was officially announced on Amendments to the 1945 Constitution March 15, 2020. A number of policies of the Republic of Indonesia have were implemented, such as physical made major changes, especially in the distancing, work from home, until the general election.2 PSBB (Large-Scale Social In the provisions of Article 1 Restrictions) was implemented by the number 1 of Law Number 10 of 2008 government to prevent the expansion concerning General Election of of the spread of the corona virus in Members of the People's Indonesia. This pandemic is not only Representative Council, Regional requires people to keep their distance Representative Council, and Regional and healthy behavior, but the impact People's Representative Council, it is is shifting or postponement of the stated: General election is a means of agenda n national Program which has exercising people's sovereignty which been scheduled. Various sectors have is carried out directly, publicly, freely, in secret , honest and fair in the been affected, especially sectors in Unitary State of the Republic of the economic sector. Not only the Indonesia based on Pancasila and the economic sector, the government 1945 Constitution of the Republic of sector also experienced the Indonesia. So that all election impact. One of the sectors in the implementation processes must be government category is the pilkada or carried out according to the principles regional head elections. Pilkada in of direct, general, free, secret, honest accordance with the plan will be held and fair elections. Therefore, the simultaneously in 2020. However, the implementation of elections in national situation which is being hit Indonesia should follow the by the Covid-19 outbreak has forced 3 principles contained therein. the phases of the Pilkada to be This process has changed delayed. In the midst of the Covid-19 since the amendment to the 1945 outbreak, the impact was felt on Constitution was carried out in the society, especially the Indonesian 1999-2004 DPR / MPR period which people. This year's Pilkada cannot be made the implementation of a direct held simultaneously. The total presidential election, so that it number of regions that will carry out 2 Mhd. Ansor Lubis. Fifth Indonesia. Nomoi Law Review. Vol. 1. Amendment Consolidation Of The 1945 No. 1. (May, 2020). Constitution Of The Republic Of 3 Eka NAM Sihombing, Op. Cit., p. 31. ISSN (Print) 2723-3413 - ISSN (Online) 2722-3663 172 VOLUME 1, ISSUE 2 NOVEMBER 2020 the Pilkada simultaneously in 2020 is elections are direct elections for 270 regions, with details of 9 regional heads by the community as a provinces, 224 regencies and 37 manifestation of democracy. Prior to cities. However, this year's Pilkada 2005 regional head elections were cannot be implemented or postponed elected by the Regional People's due to the impact of Covid-19 that is Representative Council (DPRD). hitting Indonesia. This is done as an Since the enactment of Law Number effort to anticipate the spread of the 32 of 2004 concerning Regional virus. Simultaneous Regional Head Government, regional heads are Elections (Pilkada) in 2020 . General directly elected by the people through elections for the first time in the the Election of Regional Heads and history of Indonesian independence Deputy Regional Heads or which was only 10 (ten) years old at abbreviated as Pilkada and for the that time were held in 1955. The next first time it was held in June 2005. series of general elections were held The election of a direct regional head again during the New Order period, election system is a correction to the namely the general elections of 1971, previous pilkada which used a 1977, 1982, 1987, 1992 and 1997. representative system by the Regional As the reason for holding People's Representative Council. The general elections is to gain use of this direct election system recognition or trust from the public, shows the development and including the international arrangement of the format of regional community, because the government democracy that is developing within and other institutions that were the framework of political products of the 1997 general election liberalization.4 are considered to be distrusted. The Because it is a measure of the holding of direct elections for the degree of democracy of a country, the President and Vice President in 2004 implementation of elections has inspired the direct elections for (legislative, presidential elections and Regional Heads and Deputy Regional regional head elections (pilkada) / Heads (Pilkada). This is also post-conflict local elections) must be supported by the spirit of regional carried out in a good, honest and fair autonomy that