Haryanto, Priyo (2023) Analisis Yuridis Pertimbangan Hakim Terhadap Putusan MK Nomor 15/puu/xx/2022 Mengenai Pengangkatan Penjabat Kepala Daerah. Other thesis, Universitas Islam Riau.

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Abstract

Regarding the regional head's office, there is a request for a material test of Article 201 of Law Number 10 of 2016 concerning the Regional Head Election for the appointment of ASN. However, the Constitutional Court (MK) rejected the application for the material test because the appointment of officers from the State Civil Apparatus (ASN) to fill the vacancy of regional head leaders whose term ends in 2022 and 2023 did not eliminate the public constitutional right to elect regional heads. The terms of the office transition period 2022 and 2023 are only transitional and temporary. The purpose of this research is to know the Consideration and Amar of the Constitutional Judge's Decision on Decision Number 15/PUU/XX/2022 Regarding the Appointment of the Regional Head Office. And to find out the consequences of the law caused after the birth of Constitutional Court Decision Number 15/PUU/XX/2022 Regarding the Appointment of the Regional Head Office. The type of approach used in this normative study is the Statute Approach (Statute Approach) by conducting a Juridical Analysis of Decision MK Number 15/PUU/XX/2022 Regarding the Appointment of Regional Head Office. The method used is library studies/document studies. Legal materials that have been collected from library studies are processed by the selection, systematically Qualitative Descriptive. The results of the study show that the constitutional judges' consideration of Decision Number 15/PUU/XX/2022 provides us with an explanation that the judges rejected the application altogether, So it is mandatory for the government to make technical regulations to follow up on the Constitutional Court's decision, so that the regional head of the district will work by the provisions of the Law, namely being neutral, objective and not being an engine of specific party's political interests. Then as a result of the law resulting from the decision, the appointment of the Acting Regional Head should be Objective and Professional. For that reason, the Ministry of Home Affairs immediately carried out the consideration of Constitutional Court Number 15/PUU/XX/2022 because the consideration of the Constitutional Court's decision was part of the positive law.

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