Legal Flaws in the Election of Wali Nanggroe 2018-2023 Period in Aceh

The problem of elections in public office is often interesting to study, especially with the development of the electoral system which is continually being renewed to prevent corruption, collusion and nepotism, as well as to get candidates who are capable in their fields. One of these public offices which is Aceh-specific is Wali Nanggroe. This institution is a mandate of Aceh Government Law Number 11 of 2006. The determination of the Wali Nanggroe for the 2018-2023 period raises legal problems. Therefore this study will examine the wali nanggroe candidate selection system, the mechanism for selecting wali nanggroe based on Qanun number 8 of 2012, and whether there is a legal flaw in the election of wali nanggroe for the 2018-2023 period. This study uses a normative legal research method with a Law and Conceptual approach. The results of the research show that the wali nanggroe candidate selection system has not been carried out openly and transparently, even though Qanun allows for other candidates, in terms of election mechanisms, according to Qanun, an Election Commission must be formed in which there are 4 elements, but in practice the Commission Elections were not formed, this would be legally problematic, even legally flawed because one of the elements of the Election Commission was not involved as a member of the Election Commission as regulated by the Qanun. The elements that were not involved were representatives of ulama in each district/city.


INTRODUCTION
The history of the state administration in Indonesia, placing Aceh as a special region and having special autonomy rights in regulating governance, this specialization was agreed upon by the central government and Aceh as outlined in Law Number 11 of 2006 concerning Aceh Governance (UUPA). 1 The birth of the UUPA was inseparable from the Helsinky Memorandum of Understanding (MoU) between the Indonesian government and the Free Aceh Movement which was agreed on on August 15, 2005, this agreement is a reconciliation towards development in the social, economic and political fields. The desire to run a government independently, specifically and given privileges in making policies that are local in nature is an important point of the substance of the Helsinki MoU, even though there are certain powers that are still centralized, for example foreign relations, national defense, monetary and fiscal, judicial power and freedom. religious. 2 In the UUPA, Aceh is stated as a provincial area which is a legal community unit that is special and given special authority to regulate and manage government affairs and the interests of the local community in accordance with the laws and regulations in the system and principles of the Unitary State of the Republic of Indonesia based on the Constitution. The Republic of Indonesia in 1945, led by a Governor. 3 Privileges and specificities possessed by the province of Aceh based on this law, among others; local parties, the Syar'iyah Court, Mukim, the Wali Nanggroe institution.
The Wali Naggroe Institute is a traditional leadership institution that unites society and preserves indigenous and cultural life. This institution is also authorized to develop and supervise the implementation of the life of customary institutions, customs and the granting of titles and other traditional ceremonies. 4 The existence of the Wali Nanggroe Institution was formed based on the mandate of Law Number 11 of 2006 concerning the Aceh government, which states that the Wali Nanggroe Institution is intended to be a traditional institution and a symbol of unifying the people of Aceh. The UUPA regulates several matters relating to the Wali Nanggroe Institution where this institution is the traditional leadership which has the authority to guide and supervise the implementation of the life of traditional institutions, customs and the granting of titles and traditional ceremonies. Wali Nanggroe has the right to grant honorary titles or customary degrees to individuals or institutions, both domestic and foreign, whose criteria and procedures are regulated by Aceh Qanun (Article 97). Specifically regarding customary institutions, it is stated: First, customary institutions function and play a role as a vehicle for community participation in the administration of Aceh and district / city governance in the fields of security, tranquility, harmony and order. 5 Another rule in the form of Qanun that specifically regulates Wali Nanggroe is Qanun number 8 of 2012 concerning the Wali Nanggroe Institution, which regulates the functions, responsibilities and authorities as well as procedures for its election, this Qanun has undergone changes with Qanun Number 9 of 2013 concerning the Wali Nanggroe Institution .
In 2012, the position of Wali Nanggroe was held by T. Malik Mahmud al-Haytar as a noble wali nanggroe, according to Aceh history expert Rusdi Sufi that the appointment of Wali Nanggroe was carried out because there were no clear regulations regarding who the next successor was, Malik Mahmud was chosen because of his close relationship with Hasan Tiro, where he was considered a potential in replacing Hasan Tiro. although there are still many pros and cons of the appointment.
The problem of wali nanggroe election for the 2018-2023 period is said to be legally invalid or legally flawed, and carried out without an election, besides that there are certain elements in qanun number 8 of 2012 concerning the wali nanggroe institution which is not involved but only by agreement of the three assemblies namely the Tuha Peut Council, Tuha Lapan, and the Fatwa Council, which reappointed Malik Mahmud as Wali Nanggroe for the 2018-2023 period.
Based on the background of this problem, the author is interested in researching the legal flaw in the election of "Wali Nanggroe" for the 2018-2023 period in Aceh.

Type of Research
The object of the problem to be examined in this research is the legal flaw in the selection of wali nanggroe, so this research implies a method based on legal analysis. The description of the object of the problem to be examined is related to the wali nanggroe candidate selection system, the wali nanggroe election mechanism in accordance with qanun number 8 of 2012, and legal problems in the election of wali nanggroe. Based on these objects, this study uses a type of normative legal research. According to Soerjono Soekanto, normative legal research is research conducted by examining library materials or secondary data. 6

Research Approach
The approach method in this research uses the statutory approach (Statute Approach), which is to make laws or statutory regulations the basis for conducting research or objects in this study. Conceptual Approach (Conceptual Approach) to understand the concept related to the problem to be studied. 7 The conceptual approach (Conceptual Approach) departs from the views and doctrines developed in legal science, to find ideas that give birth to legal concepts and legal principles that are relevant to legal issues.. 8

Data Sources
In this study the authors will use three materials as a source in obtaining data, while the legal materials are primary legal materials, secondary legal materials and tertiary legal materials.
Primary legal material is legal material that is authoritative in nature, meaning that it has authority consisting of legislation 9 or it can be said that primary legal materials are all legal materials that are formally established and / or formulated by a State institution. Secondary legal materials are materials that reinforce the analysis in terms of legal principles, legal principles against legal principles from primary legal materials, supported by the strengthening of legal arguments based on the opinions of legal experts related to legal issues, which originate from references from scientific works and research reports, 6  legal journals that have relevance to the problem, so that a comprehensive review can be obtained. The use of secondary legal materials is to provide the researcher with some sort of clue in which direction the researcher is going. 11 Tertiary legal material is a reference source to further confirm or imply the existence of various legal consequences that may arise from the occurrence of certain legal events.. 12 Forms of tertiary legal materials such as legal dictionaries, encyclopedias, and others.

Data collection technique
To support this writing the writer uses several material collection techniques to obtain accurate and valid material, while the material collection technique that the author uses is the documentation method where this method will be used to find data about things in the form of notes, transcripts, books, newspapers. , magazines and so on related to the concept of the issue of filling an institution's position. The steps taken include: a. Direct quotation or through the author's interpretation (textual).
b. Paraphrase (deduction of information from legal materials).

Data Processing and Analysis Techniques
After the legal materials have been collected, processing is carried out by classifying the existing materials according to the order of the problem under study, while the irrelevant legal materials are put aside so that the analysis can be focused on the relevant materials.
As for analyzing legal materials, analysis is carried out using descriptive analytical methods 13 , from the results of the analysis, then interpretation or legal interpretation is carried out through the help of methods or teachings on interpretation, including including authentic interpretation, grammatical interpretation, systematic interpretation, comparative interpretation, and futuristic interpretation. The interpretation that the writer uses in this paper is a systematic interpretation.

Wali Nanggroe Candidate Selection System
In concept, the system of selecting candidates to fill certain positions in an institution is very important, one of the systems used now is the merit system, where this system in management theory is the management of human resources in the organization based on merit. According to McCourt, the merit system is "the appointment of the best person for any given job," meaning that the appointment of the best person for a particular affair.
The term merit is also popular with the concept of meritocracy which was popularized by Michael Young. Meritocracy is defined as a characteristic of society as a whole, thus meritocracy is a social system in which the overall proportion of a person is given directly from the results of the assessment of ability. 14 The merit system has several indicators in recruitment, namely: 1) good and reliable planning through creative and aggressive recruitment techniques; 2) all who participate in the program are responsible and well defined; 3) recruitment involves capable individuals and appropriate resources; 4) all candidates are treated fairly regardless of political background, race, religion, color, ethnic origin, gender, marital status, age or disability, and receive appropriate compensation for their privacy and constitutional rights; 5) selection is based on ability, knowledge and expertise through fair competition and is open to all to have equal opportunities; 6) selection methods can be used to ensure that only candidates are able to find jobs and place them in the most appropriate positions; 7) those who pass the selection must be accepted and protected. 15 Related to the juridical wali nanggroe electoral system, it is contained in article 69, which stipulates the conditions that must be fulfilled by the candidates: 16 a. Acehnese who believe and have devotion to Allah SWT; b. physically and mentally healthy and has been 40 (forty) years of hijriah; Article 71 states that if there are more than one candidate for Wali Nanggroe and meet the same criteria, then the candidate who meets the criteria, observes the requirements given in article 69, the qanun explains in detail the requirements of the wali nanggroe candidate, even the candidate can only more than one person, the system has met the merit system, meaning that it can be concluded that the law is effective, but in its The election of Wali Nanggroe is based on Article 70 paragraph which states that Wali Nanggroe is elected by deliberation and consensus by the specially formed Wali Nanggroe Election Commission. And in paragraph 2 it is stated that the Wali Nanggroe Election Commission as referred to in paragraph 1 consists of the tuha peut council, the tuha lapan council, the mufti and representatives of ulama from the regency. 19 The Wali Nanggroe Election Commission which has been formed has the right to determine several wali nanggroe candidates, besides that one of the candidates who must be determined is from Waliyul'ahdi. Waliyul'ahdi is a Wali Nanggroe stakeholder or a person who is the working apparatus of the Wali Nanggroe Institution who carries out the duties, functions and authorities of Wali Nanggroe, if Wali Nanggroe is unable to carry out his duties in a sustainable manner or is permanently incapacitated. 20 The history of Wali Nanggroe in Aceh began when 11-year-old Sulthan Muhammad Nanggroe. 21 The position was then passed down from generation to generation in the rage of the Aceh war against the Dutch. The position whose mandate was stated in the SK or Sarakata Wali Nanggroe was found by Captain Smith in the teungkulok ( The term legal defect in English is called Legal Defect, as stated below: "That which subject to a defect is missing a requisite element and therefore, is not legally binding. Defective service of process, for example, is service that does not comply with a procedural or jurisdictional requirement. A defective will is one that has not been properly drown up, has been obtained by unlawful means, or does not comply with a particular law.. In some cases, however, defects can be cured for example, defective service of process can be cured by the service of an amended complaint". 25 Based on the above definition, we can conclude that a legal flaw is a legal imperfection or incompleteness, either in terms of rules, agreements, policies or other matters caused because it is not in accordance with the law, is not legally binding and is not legally valid. An example of a decision that is considered legally flawed is Presidential Decree  (2) it is stated that the Wali Nanggroe Election Commission as referred to in paragraph (1) consists of the Tuha Peuet Council, the Lapan Council, the mufti, and representatives of religious scholars from each regency / city. According to M. Adli Abdullah, the election of Wali Nanggroe for the 2018-2023 term is an imposition of the will. M. Adli Abdullah argues that the appointment of Wali Nanggroe X is more political in an effort to fulfill Malik Mahmud's wish to defend himself as Wali Nanggroe Aceh without going through the right mechanisms. These problems Wali Nanggroe Election Commission consisting of 4 (four) elements must be formed. In addition, in the election, the requirements for the Wali Nanggroe candidate must be considered which have been clearly stipulated in the Qanun.
The election of Wali Nanggroe for the 2018-2023 period was legally declared flawed, because it did not fulfill one of the elements that played an important role in the Election Commission, in the absence of representatives of ulama from each Regency / City, thus the absence of one of the elements caused the deliberation decision to be considered not from the Election Commission agreement.

Suggestion
The selection of Wali Nanggroe Candidates should be opened to the public and announced to the public in relation to the submission schedule for administrative requirements submitted to the Wali Nanggroe Election Commission and the selection must be transparent, candidates must meet the criteria stipulated by Qanun. This should be done to fulfill the merit system. 28 https://aceh.tribunnews.com/2018/12/14/pengukuhan-malik-berpeluang-digugat?page=2 diakses pada 25 Maret 2021 29 https://www.ajnn.net/news/prof-husni-pengukuhan-wn-tanpa-pemilihan-tidak-ada-dasar hukum/index.html diakses 25 Maret 2021 page: 83 The election mechanism regulated in the Qanun has not fully accommodated the election mechanism, it is necessary to make separate rules related to the Wali Nanggroe election mechanism, as regional head elections are always based on separate laws, for example Law Number 10 of 2016.
Legal flaws in the election of Wali Nanggroe should be avoided, meaning that the election must follow the orders and mandates of Qanun Number 8 of 2012, even though the Election Commission has not yet been formed, but temporarily it can be done by making a Wali Nanggroe Implementing Decree (PLT), until the election of a Wali. The new Nanggroe

Recommendation
The research that the author has done is certainly inseparable from shortcomings, meaning that there are still the same problems that the author has not even thought of, but can be continued and carried out by subsequent researchers, therefore considering the importance of the substance of the rule of law, the authors recommend further research "Political Reconstruction of Law Qanun Number 8 of 2012 concerning the Wali Nanggroe Institution".