Naharuddin
Faculty of Law, University of Tadulako, Indonesia

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The President's Authoritarian Decree on the Appointment of Provincial Regional Secretaries Aminuddin Kasim; Naharuddin
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 3 (2026): September
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i3.12750

Abstract

This article examines the controversial presidential decision regarding the appointment of a high-ranking official—specifically, the Secretary of Central Sulawesi Province—through Presidential Decree No. 146/TPA of 2022. The study focuses on the legal and administrative implications of the President’s choice, which allegedly ignored the recommendation from the regional government, despite the legal provision requiring consideration of such input. Using a normative juridical approach, the article critically analyzes the legal framework governing civil servant appointments, especially Article 126 paragraph (3) of Government Regulation No. 11/2017 as amended by PP No. 17/2020, and Presidential Regulation No. 177/2014. The analysis reveals a pattern of authoritarian tendencies in central government decision-making, disregarding procedural norms and merit-based considerations. The article also compares similar disputes in East Kalimantan and Papua provinces, where presidential decisions on high-ranking civil servant appointments were resisted by regional heads, resulting in governance conflicts and administrative discomfort. This paper argues that the failure to respect the input of regional “Pejabat Pembina Kepegawaian (PPK)” undermines decentralization principles and creates governance disharmony. The study highlights the urgent need for reforms to ensure the President’s discretion in appointments is balanced with transparent and participatory mechanisms aligned with democratic values.