Calon Independen pada Pemilihan Umum Kepala Daerah di Provinsi Aceh ditinjau berdasarkan Undang-Undang No. 11 Tahun 2006 tentang Pemerintah Aceh

Abstract

 Pemilukada (Regional-head election), as it is stipulated in Law No. 12/2008 on Regional Government, has given an opportunity to independent candidates, and this is not contrary to the Indonesian constitution, 1945 Indonesian Constitution. This is also applied to Pemilukada in Aceh through Law No. 11/2006 on Aceh Government. But in Aceh government regulations, there is a regulation, Article 256, which states that an independent candidate is only for the first round election. According to the decree of the Constitutional Court No. 35/PUU-VIII/2010, Article 256 does not have binding legal force. The decree of Constitutional Court implies that there are pros and cons in responding the position of independent candidates in Pemilukada in Aceh in 2011 and this influences the existence of Pemilukada in Aceh, where four elections were postponed so that the Pemilukada could be implemented in 2011. This condition has to be studied, why there was a group of people who opposed independent candidates in Pemilukada in Aceh. The research used judicial normative method. The main data in this research were primary data. The data were collected by conducting library research. The primary data were analyzed qualitatively, using teleological interpretation. Independent candidates in Pemilukada in Aceh has had their legitimization by Qanun No.2./2004, but before 2006 the election could not be implemented until MoU Helsinki was signed in Finland on August 15, 2005. One of the points in the MoU was a Law No.11/2006 on Aceh Government and on the representation of Aceh people. This law states about accommodating independent candidates in Pemilukada in Aceh But Article 256 of this law also states that the independent candidates are only for the first round election. The Constitutional Court then revoked Article 256 with the consideration that the case of independent candidates did not contradicted to MoU Helsinki and to the 1945 Indonesian Constitution. This would arouse friction in Pemilukida in Aceh in 2011. It is recommended that Law No. 11/2006 on Aceh Government should be revised and the decree of the Constitutional Court should be accommodated. Moreover, legal norms in legal provisions should be formed so that when the Head of the region who comes from independent candidate, there will be harmonious relationship between the Executive and the Legislative.