There Are No Clear Rules, Academics Remind The Potential For Dual Positions Of Regional Officials

JAKARTA - Jakarta State Islamic University (UIN) academic Tholabi Kharlie reminded the potential for concurrent positions related to the inauguration of the acting regional head. "The most fatal thing is that there is no ban on concurrent positions. There are problems of effectiveness and ethical issues in government administration. Remember, the term of office of the Acting Regional Head is up to 2.5 years," said the Dean of the Faculty of Sharia and Law. This was conveyed in relation to the agenda of the Minister of Home Affairs who is scheduled to inaugurate 5 acting regional heads for the provinces of Banten, Gorontalo, Bangka Belitung, West Sulawesi and West Papua. with a follow-up to the Constitutional Court's decision," he explained, quoted by Antara consideration of the Constitutional Court Decision No. 67/2021 The Court stated that the process of filling the vacant position of regional heads must be interpreted within the scope of democratic meaning as stated in the 1945 Constitution of the Republic of Indonesia. /2016 regarding Pilkada, Article 19 paragraph (1) of Law No. 5 of 2014 concerning ASN and Article 130 paragraph (3) and Article 131 paragraph (4) of PP No. 6 of 2005 concerning Ratification and Dismissal of Regional Heads and Deputy Regional Heads regulate the criteria who can fill the Acting Regional Head including the criteria for the High Leadership Position (JPT).

"The various regulations have not talked about democratic mechanisms as reminded by the Constitutional Court," said Tholabi. Another problem, Tholabi said that the currently available regulations also do not regulate the prohibition of concurrent positions for Acting Regional Heads. According to him, the absence of a ban on concurrent positions will cause serious problems in governance. The chairman of the Deans of Sharia and Law Forum for Islamic Religious Universities (PTKI) throughout Indonesia gave an example in the case of Banten Province, the Acting Regional Head was filled by the Secretary of the Banten Province. According to him, if there is no regulation regarding the prohibition of concurrent positions, it will create confusion in the effectiveness of the government. "Especially in the case of Banten, the Acting Regional Head comes from the same work unit. Here the urgency of the regulation is more technical and detailed by considering the democratic and ethical side of government administration. ," said Tholabi.