SUCCESSIVE ELECTION OF REGIONAL HEADS: A COMPARISON STUDY OF THE STATE CONSTITUTIONS OF MAJAPAHIT, INDONESIA, AND THE UNITED STATES

A constitution is a written regulation and a state convention (state administration) that determines the composition and position of state bodies, regulates relations between the bodies, and regulates the relationships between these bodies and the citizens. The enactment of a constitution as a binding fundamental law is based on the highest power or the principle of sovereignty adopted by a certain country. If the country adheres to the notion of popular sovereignty, then the source of the legitimacy of the constitution is the people. If monarchical sovereignty is applied, then the monarch will determine whether or not a constitution may be enforced. A constitution also contains regulations for the election of regional heads. Regional head elections are one of the characteristics of a state that applies democratic principles. This study aims to analyze the election of regional heads by comparing the constitutions of Majapahit, Indonesia, and the United States of America. The method used in this research is normative juridical, namely by reviewing the norms of Constitution, laws and other sources of legal material, including journals. The results of this research are that regional heads in Majapahit were directly elected by the Prabu (King). It was a District/majority representative system since the regional heads were directly elected by the king, an Organic and Non-Democratic electoral system. Whereas in Indonesia, regional heads (Governors, Regents and Mayors) are democratically elected, elected directly by the people or by the Provincial, Regential and Municipal House of Representatives (district representation system based on the majority and balance). However, in the reform era, the legislators interpreted the democratic system as direct election by the people. The electoral system is mechanical, organic and democratic. In the United States, the Head of State is directly elected by the people but at the discretion of the legislature, hence the representative system is a balanced representation system. The electoral system is organic and semi-democratic. Article visualizations