Journal of Law and Social Politics
Vol. 4 No. 4 (2026): Journal of Law and Social Politics

Ultra Vires Actions of Regional Heads in Official Replacement

Erwin Tanaya (Universitas Pattimura)
Hendrik Salmon (Universitas Pattimura)
Julista Mustamu (Universitas Pattimura)



Article Info

Publish Date
09 Oct 2026

Abstract

Background: The replacement of officials by regional heads must comply with the principle of legality, the merit system, and statutory provisions. However, replacements conducted without authority, beyond authorized powers, or contrary to legal provisions (ultra vires) reveal gaps between administrative law and governance practices, threatening legal certainty and the rights of state civil apparatus personnel. Objective: This study examines the effectiveness of government supervision over ultra vires actions by regional heads in replacing officials and their legal consequences from a state administrative law perspective. Methods: This normative legal research employs statutory, conceptual, and case approaches. Primary, secondary, and tertiary legal materials were collected through a literature review and analyzed qualitatively using a prescriptive approach. Results: Supervisory mechanisms remain ineffective because preventive supervision applies only under specific conditions. Outside these conditions, supervision predominantly relies on repressive mechanisms through the State Administrative Court. Ultra vires actions produce administrative decisions with defects of authority (bevoegdheidsgebrek), affecting their validity, the employment status of state civil apparatus personnel, and regional heads’ legal accountability. These findings highlight the need for stronger safeguards against unlawful replacements. Conclusion: Strengthening preventive supervision and clarifying regulations on the classification and legal consequences of administrative decisions that are void ab initio are necessary to ensure legal certainty, safeguard personnel rights, protect the merit system, and promote good governance.

Copyrights © 2026






Journal Info

Abbrev

jlsp

Publisher

Subject

Humanities Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

Description

The Journal Of Law and Social Politic provides a means for ongoing discussion of relevant issues that fall within the focus and scope of the journal that can be examined empirically. The Journal Of Law and Social Politic will publish scientific articles in the fields of education, including ...