The Constitutional Court Decides the Term of Office of the Village Head for a Maximum of Three Periods

Liputan6.com, Jakarta – The Constitutional Court (MK) sets a maximum limit of office village head i.e. three periods. The decision was based on a judicial review of Law Number 6 of 2014 concerning Villages (UU Desa) on Thursday (30/9/2021).

the Petitioner’s request in part,” said the Chairman of the Constitutional Court Anwar Usman reading the excerpt of the verdict of Decision Number 42/PUU-XIX/2021, as quoted from the official website of the Constitutional Court, Sunday (3/10/2021).

The acceptance of part of the policy test is not without reason. The Court in its decision stated that the explanation of Article 39 of the Village Law was contrary to the 1945 Constitution and did not have conditional binding legal force as long as it was not interpreted.

The explanation of Article 39 of the Village Law originally read:

Village heads who have served one term of office based on Law Number 32 of 2004 are given the opportunity to re-nominate for a maximum of 2 (two) terms of office. Meanwhile, Village Heads who have served 2 (two) terms of office based on Law No. 32 of 2004 are given the opportunity to re-nominate for only 1 (one) term of office

Now the article has partially changed its sound into:

Village head who has served 1 (one) term, both based on Law of the Republic of Indonesia Number 6 of 2014 concerning Villages and based on the previous Law, they are still given the opportunity to serve 2 (two) terms. Likewise, for village heads who have served 2 (two) terms, both based on the Law of the Republic of Indonesia Number 6 of 2014 concerning Villages and based on the previous Law, they are still given the opportunity to serve 1 (one) period.

Court’s Judgment

The Court through Constitutional Justice Enny Nurbaningsih in its legal considerations questioned the method of calculating the maximum 3 (three) term of office of the village head in the Elucidation of Article 39 of Law 6/2014.

According to the Court, the practice Based on this provision, village heads have served more than 3 terms, which is the main principle of limiting the term of office of village heads adopted by Law 6/2014. Then it is also possible for this practice to emerge based on the law prior to the enactment of Law 32/2004.

“This situation is prone to result in the emergence of arbitrariness and various kinds of irregularities by the village head. To avoid this, the calculation of the periodization of the village head’s term of office is not only based on Law 32/2004,” said Enny. under different laws, including the law prior to the enactment of Law 6/2014, if you have served for 3 (three) periods, 3 (three) periods have been counted.

So that , counting 3 (three) consecutive or non-consecutive times in the norm of Article 39 paragraph (2) of Law 6/2014 is based on the fact how many times a person has been elected as a village head.

“The period of 3 (three) terms of office in question applies to village heads, both those who serve in the same village or those who serve in different villages. different,” said Enny underlined.

The surge in Covid-19 cases in Bandung Regency, West Java, has made it difficult for prospective patients to be treated in hospitals because they are full. In fact, a video circulated of a village head walking around carrying patients using an ambulance, but the hospital refused because …

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