Mayor Appointment System in DKI Jakarta and Outside DKI Jakarta

Abstract

This research aims to examine the differences in the mayoral appointment system between DKI Jakarta and other regions in Indonesia. The type of research used is normative legal research with a statutory approach. This research uses primary legal materials in the form of the 1945 Constitution of the Republic of Indonesia, Law Number 10 of 2016 concerning Regional Head Elections, and Law Number 29 of 2007 concerning the Provincial Government of DKI Jakarta as the National Capital. In addition, secondary legal materials in the form of relevant literature, scientific articles, and journals were also used. The results show that the mayor's appointment in DKI Jakarta is carried out through an appointment system by the Governor because the region consists of administrative cities that do not have regional autonomy and city councils, making it impossible to hold direct regional head elections. This is in contrast to systems outside DKI Jakarta, where mayors are directly elected by the people in general elections based on the principles of democracy and regional autonomy. Appointments are considered more administratively efficient but reduce public participation, while direct elections provide greater democratic space but have challenges such as political costs and potential conflicts. From the perspective of Islamic law, both mechanisms are acceptable as long as they uphold sharia principles such as trustworthiness, justice, and deliberation. Therefore, the legality and legitimacy of the regional head appointment system are determined by procedures and the values of justice and benefit for the community.