ABSTRACT
This research aims to find out legal reasons for the prohibition of village chief to be a political party committee based on the government regulation of village number 72 of 2005 viewed from the human rights.
This research is a normative or doctrinal legal research. This research is prescriptive and applied. This research using statue approach. This research using primary legal materials that is legislations and secondary legal materials those are textbooks which written by legal experts and legal journals. This research using collection technique of legal materials that is study document. This research using analytical technique of legal materials with deduction method.
The results of research and discussion generating conclusions. Legal reasons for the prohibition of village chief to be a political party committee based on the government regulation of the village number 72 of 2005 is to keeping the village chief does not get caught in a conflict of interest both personal and group and is also associated with the efforts of the State to maintain the neutrality of village chief in order not to get involved in practical politics. Given the appropriate authority, the village chief can mobilize existing resources in the village for the benefit of certain individuals and groups. However, the prohibition of village chief to be a political party committee based on the government regulation of the village number 72 of 2005 opposed to the preamble and Article 28 of the Basic Act of 1945 and Act No. 39 of 1999 on human rights.This government regulations have also led to inconsistencies to the same rules on public officials at different levels. The Government Regulation No. 72 of 2005 which questioned the position of village chief against a political party becomes unusual because the village chief is not tied politically to any political party. The electoral process pure from the proposed of citizens not from the support of a particular political party. The control system of their performance not by a political party or coalition of political parties but by the elements of the local community locally elected.
Keywords :    prohibition of village chief, political party, human rights.