Realizing Simultaneous and Quality Regional Head Election through Strengthening Supervision Function: Study at the General Election Supervisory Board of North Sumatra Province Marzuki and Jauhari Ginting Faculty of Law, Islamic University of North Sumatra, UISU, Medan Keywords: Head District Election, Supervision Function. Abstract: This research is aimed at seeing the effectiveness of the supervisory function carried out by the General Election Supervisory Board of North Sumatra Province and its components in simultaneous regional elections of 2018 in North Sumatra Province carried out through a normative juridical research approach. The result of the study indicates that the General Election Supervisory Board of North Sumatra Province has carried out its oversight function well through following-ups of 78 cases of violations out of 182 findings and reports from the public. It is hoped that in the context of realizing quality elections, the General Election Supervisory Board must improve the effectiveness of the supervision and law enforcement functions against election violations, both administrative and criminal violations through the Center for Law Enforcement. 1 INTRODUCTION The manifestation of this democratic attitude is the active participation of citizens in the life of the General Election as a selection process towards the nation and state. Participation is intended not only to birth of leaders in the context of the realization of gain the legitimacy of the power of citizens, but also democracy in Indonesia (read, Pancasila democracy) to further involve the community in all development is expected to be a representation of the people since processes. General Election is a series of political activities to Such a context means that participation is not the accommodate the interests of the people, which are result of engineering from power (mobilized then formulated in various forms of policy. participation), but participation is based on the full Such a reality can be observed from various will of citizens who have high political will towards elements inherent in a democratic country (Lyman nation-building (autonomic participation). Tower Sargent, 1984, p. 32-33): More systematically, election in a democratic 1. Citizen involvement in political decision political system has several functions: making; First, election functions as a means of political 2. Some degree of equality among citizen; legitimacy. Through the Election, the validity of the 3. Some degree of liberty or freedom granted to ruling government as well as the programs and or retained by citizens; policies it produces can be enforced. Election is the 4. A system of representation; most democratic means to form representative 5. An electoral system majority rule. government. Election is the expression of democratic struggle, where the people determine who rules and The various elements indicate that the electoral what the people want the government to do. and representation systems are a condition of sine Second, election functions as a means of quanon for a modern democratic country, meaning transferring government in a safe and orderly manner. that people choose someone to represent them in the In this case, the election is expected to be able to context of people's participation in the administration produce leadership regeneration with certainty and of state governance, as well as a series of political legitimacy. Therefore, election is a political activities to accommodate people's interests or mechanism to ensure the continuity of regular aspirations. 438 Marzuki, . and Ginting, J. Realizing Simultaneous and Quality Regional Head Election through Strengthening Supervision Function: Study at the General Election Supervisory Board of North Sumatra Province. DOI: 10.5220/0008888704380445 In Proceedings of the 7th International Conference on Multidisciplinary Research (ICMR 2018) - , pages 438-445 ISBN: 978-989-758-437-4 Copyright c 2020 by SCITEPRESS – Science and Technology Publications, Lda. All rights reserved Realizing Simultaneous and Quality Regional Head Election through Strengthening Supervision Function: Study at the General Election Supervisory Board of North Sumatra Province government changes (Harmaily Ibrahim and Moh. association are deemed relevant reflecting the Kusnardi, 1983, p. 330). participation and aspirations of the community. Third, election functions as the creation of In the 2018 simultaneous regional head elections political representativeness to actualize people's throughout Indonesia, based on data of the Central aspirations and interests. In this connection Election General Election Commissions, consisting of 171 functions not only as an embodiment of the enactment regions which will conduct regional elections, of the principle of popular sovereignty, but more consisting of 17 provinces, 39 cities, and 115 districts, importantly also as a means to build people's trust in including North Sumatra, in addition to the election the government to implement policies and programs of the Governor, also there are regional head elections that are in accordance with the basic aspirations and in 8 (eight) districts / cities, namely: Langkat District, needs of the community as stakeholders in the Deliserdang Regency, Dairi Regency, Batubara country. Regency, North Tapanuli Regency, Fourth, election functions as a means of Padangsidempuan City, Padanglawas Regency and socialization and political education of the people. In North Padanglawas Regency. this function, the election is expected to be able to Such a constellation means that regional head implement to the people to obtain attitudes and election is a method used in the framework of orientations towards political phenomena, which democratic and regional autonomy in Indonesia, to generally apply to the communities where they are implement the will of the people through their located. Socialization and political education are representatives, as well as a series of political expected to be able to give trust to the community so activities to accommodate the people's aspirations that their participation can be manifested in an and for regional governments as the main source of atmosphere that is free to express opinions, declare running a regional government in order to realize and access information and freedom of association. democratization and people's welfare. Within the framework of regional autonomy, election is also held to elect the Regional Head (Governor and Deputy Governor, Regent and Deputy 2 RESEARCH METHOD Regent, and Mayor and Deputy Mayor), as stipulated in Article 18 Paragraph (4) of the 1945 Constitution of Republic of Indonesia which determines: 2.1 Research Specification "Governor, regents and mayors as heads of the The specification or type of research in this study is provincial, regency and city governments are descriptive (M. Solly Lubis, 1994, p. 77), because this democratically elected. This provision is then research is aimed at obtaining an essential picture of implemented into Law No. 7 of 2017 concerning strengthening the supervisory function in General Elections and Law No. 10 of 2016 simultaneous regional elections in North Sumatra concerning the Second Amendment to Law Number Province in order to produce democratic elections. 1 of 2015 concerning Determination of Government With regard to the research, the implementation of Regulation in Lieu of Law Number 1 Year 2014 the supervisory function carried out by the Election concerning Election of Governors, Regents and Supervisory Board of North Sumatra Province along Mayors into Laws, which confirms that the election with its staff in simultaneous regional elections in of Governor and Deputy Governor, Regent and 2018 will be analyzed, so that the study of the Deputy Regent, as well as Mayor and Deputy Mayor importance of the role of election organizers, are the implementation of popular sovereignty in the especially the General Election Supervisory Board to province and regency/city to elect Governor and give birth to elections (regional head elections) as a Deputy Governor, Regent and Deputy Regent, as well means of recruiting democratic politics. as "direct and democratic" Mayor and Deputy Mayor (Article 1 Number 1 law No. 8 of 2015). Thus the existence of regional head elections is a 2.2 Approach Method necessity as the main institution of democratic government, because in essence the authority of the The approach method used in this study is a government is only obtained with the consent of the normative juridical research method or legal research citizens who elect it. The results of regional head (Bambang Sunggono, 2001, p. 43), using several elections held in an atmosphere of openness approaches to be able to answer the problems studied, namely: (1) statute approach and conceptual approach accompanied by freedom of opinion and freedom of (Peter Mahmud Marzuki, 2005, p. 93-94). Normative legal research is used, because the data studied are in 439 ICMR 2018 - International Conference on Multidisciplinary Research the form of secondary data or legal literature, which Regulations in lieu of Law No. 1 of 2014 concerning include primary legal materials, secondary legal the Election of Governors, Regents and Mayors into materials and tertiary legal materials. Laws have met the criteria of actualization of regional The legislation approach is used to examine in head elections having the principle of honesty and depth the regulations relating to legal products in the justice. electoral field, especially