Putri, Sofi Ekiana
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REDESIGN OF THE APPOINTMENT OF ACTING OFFICERS IN FILLING THE VACANCY OF THE DEMOCRATIC REGIONAL HEAD POSITION Barok Pratama, Agung; Asyria Yamin, Tsinta; Yusron Rofi'i, Hilmi; Leo Saputra, Aldila; Pratama, Agung Barok; Imaduddin, Aufi; Putri, Sofi Ekiana
JURNAL TAPIS Vol 21 No 1 (2025): Jurnal Tapis : Jurnal Teropong Aspirasi Politik Islam
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/tps.v21i1.26235

Abstract

This study aims to describe the (existing) appointment of acting regional heads to fill vacant permanent regional head positions and to propose the ideal appointment of acting regional heads based on democratic principles as stipulated in Law No. 10/2016 on Regional Elections. This study is a normative legal study using a legal and conceptual approach. The data obtained are analyzed and interpreted using relevant legal interpretation methods, and deductive conclusions are drawn. The results of this study indicate that the acting governor who will fill the vacant position will be directly appointed by the President based on the submission of names from the Ministry of Home Affairs (Kemendagri). As for Acting Regents and Mayors, they are directly selected by the Ministry of Home Affairs. A more democratic appointment design is proposed by implementing a merit-based system in recruitment and broader participation from various political parties, including the Regional People's Representative Council (DPRD). This more democratic design aims to ensure the appointment process is more transparent, accountable, and aligned with democratic principles and regional aspirations.
The Authority of Acting Regional Heads in Employee Mutation: Between Legality and Abuse of Power Putri, Sofi Ekiana; Pratama, Agung Barok
Manabia: Journal of Constitutional Law Vol 5 No 01 (2025): Politik Hukum Perundang-Undangan
Publisher : Sharia Faculty, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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Abstract

This research examines the discretionary authority of Acting Regional Heads in implementing employee transfers regulated by the Ministry of Home Affairs Circular Letter No. 821/5492/SJ. The study focuses on the normative conflict between the Circular Letter and Government Regulation No. 49 of 2008, as well as its legal implications for governance. The research employs a normative juridical method with statutory and conceptual approaches. The findings indicate that the Circular Letter is inconsistent with the principle of legality and general principles of good governance, creating a potential for abuse of authority. The implications include disruption of good governance principles and an increased risk of bureaucratic politicization during transitional periods of regional leadership. This study highlights the need for regulatory harmonization and clear limits on discretionary powers of acting officials to ensure legal certainty and maintain the neutrality of civil servants. Keywords: Discretion, Acting Regional Head, Employee Transfer, Abuse of Power, Legality