The Hermeneutics of Electoral Rules in the Policy of Organising Regional Head Elections in Indonesia (Case Study of the Facts of the Election Code of Ethics Hearing in Kotabaru District)

Abstract

This study endeavours to conduct a hermeneutic analysis of electoral regulations pertaining to the organization of regional head elections in Indonesia, focusing on a specific case involving the adjudication of violations of the election code of ethics in Kotabaru Regency, South Kalimantan. Employing an interpretative qualitative approach, the research method involves a comprehensive examination of the trial proceedings related to breaches of the election organizer's code of ethics in South Kalimantan Province. Researchers utilize the interpretative qualitative method within the framework of Legal Hermeneutics to scrutinize public policy, particularly the policy governing regional head elections in Indonesia. The legal hermeneutics inquiry reveals that both the plaintiff and the defendant in the trial failed to reference the Law on Regional Head Elections as the foundational basis for their arguments and defences, respectively, nor did they invoke the principles outlined in the election organizer's code of ethics. Furthermore, the study underscores the complexity of the Law on Regional Head Elections (Pilkada) and advocates for its simplification, emphasizing the absence of a legislative framework for amending this law.