Tinjauan Yuridis Pengaturan Rekrutmen KPPS dalam Pemilihan Kepala Daerah ditinjau dari Perspektif Demokrasi

ABSTRACT
The regulation of KPPS recruitment in PKPU Number 8 of 2022 is considered to be general and open to interpretation, resulting in inconsistencies in selection, a lack of transparency, and vulnerability to abuse for nepotism. Based on these issues, In line with these issues, this study aims to answer how the recruitment of KPPS members in regional head elections is regulated under positive law in Indonesia and how the recruitment of KPPS members in regional head elections should ideally be regulated in the future from a democratic perspective. This study uses a normative juridical method with a legislative and conceptual approach, utilizing primary, secondary, and tertiary legal materials through literature and document studies. The analysis is conducted qualitatively and descriptively through grammatical, systematic, historical, teleological, and authentic interpretations. The results of the research and discussion show two fundamental points. First, PKPU Number 8 of 2022 does not guarantee legal certainty due to the absence of explicit selection norms. The discussion emphasizes that the existence of KPU Decision Number 1669 of 2023 does not have imperative hierarchical power, resulting in weak accountability and disparities in selection practices in the field. Second, the construction of ideal regulations in the future must meet eight parameters of democracy: (1) People's sovereignty through an explicit ban on nepotism; (2) Effective political representation based on technological literacy; (3) Rule of law by elevating selection norms into the PKPU (uplifting); (4) Fair elections through integrated digital verification of the SIPOL; (5) Active participation through public testing mechanisms; (6) Transparency with mandatory publication of selection scores; (7) Human rights guarantees in the form of state-provided health facilities; and (8) Independent law enforcement through blacklisting sanctions. The research recommends revising regulations to clarify the boundaries of conflicts of interest and measurable integrity standards in order to realize democratic elections.