Lex Journal : Kajian Hukum dan Keadilan
Vol 10 No 3 (2026): September

The President's Authoritarian Decree on the Appointment of Provincial Regional Secretaries

Aminuddin Kasim (Faculty of Law, University of Tadulako, Indonesia)
Naharuddin (Faculty of Law, University of Tadulako, Indonesia)



Article Info

Publish Date
28 Aug 2026

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.

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Journal Info

Abbrev

hukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Lex Journal is a scientific journal published by the Faculty of Law, Dr. Soetomo University which will be published regularly every six months. In July and December containing articles in the form of articles, studies, and research results. This journal is published as a forum to provide space for ...