Transfer Of 76 NTB Provincial Government Officials Assessed As Legal Defects, BKD: It's The Minister Of Home Affairs' Permit

NTB - Head of the Regional Personnel Agency (BKD) of West Nusa Tenggara (NTB) Province, Muhammad Nasir stated that the mutation of 76 echelon III and IV officials in the NTB Provincial Government (Pemprov) had permission from the Minister of Home Affairs (Mendgari) Tito Karnavian.

This was revealed by Muhammad Nasir in response to the polemic of the mutation process of 76 NTB Provincial Government officials who were considered legally flawed by a number of groups in the region.

"The implementation of official transfers on March 25, 2024 by the NTB Provincial Government has fulfilled the provisions based on Article 25 of Presidential Regulation Number 116 of 2022 concerning the Supervision and Control of the Implementation of Norms, Standards, Procedures, and Criteria for State Civil Apparatus Management. The inauguration decree was distributed after the Decree was printed," he said in Mataram, NTB, Tuesday, April 2, confiscated by Antara.

Nasir explained, in the context of implementing the transfer of NTB Provincial Government officials, Pj. Governor of NTB Lalu Gita Ariadi has written to BKN with letter Number 821.1-1/5303/BKD/2023 dated November 13, 2023. The letter contains a request for technical approval for mutation/rotation/promotion of Primary Leadership Positions (JPT), administrators and supervisors within the NTB Provincial Government.

The letter was then responded by BKN with a letter from Plt. Head of BKN Number 662/R-AK.02.02/SD/K/2024, dated January 26, 2024. This response was based on technical considerations for mutation, appointment, inauguration, and dismissal of administrator positions and supervisory positions within the NTB Provincial Government.

"This letter is the basis for the NTB Provincial Government to apply for an inauguration permit to the Minister of Home Affairs which was followed up by the NTB Provincial Government by writing to the Ministry of Home Affairs through letter Number 821.1-1/636/BKD/2024, dated February 20, 2024," he said.

The letter contains approval for the determination of mutations/rotations/promotion of administrator positions, supervisors and functional positions within the NTB Provincial Government.

On the basis of the letter, the Minister of Home Affairs, the Director General of Regional Autonomy approved the inauguration in accordance with letter Number 100.2.6/1963/OTDA, dated March 8, 2024, regarding approval for appointment, inauguration, inauguration, and dismissal of administrator officials, supervisory officials and functional officials within the NTB Provincial Government.

Therefore, he emphasized that the implementation of the mutation on March 25, 2024 by the NTB Provincial Government was in accordance with the procedures stipulated by referring to Article 132A paragraph (1) letter a and paragraph (2) PP Number 49 of 2008 concerning the Third Amendment to PP Number 6 of 2005 concerning Election, Ratification of Appointment, and Dismissal of Regional Heads and Deputy Regional Heads, confirming that Acting Regional Heads or acting regional heads are prohibited from making employee mutations.

The provisions as referred to in paragraph (1) can be excluded after obtaining written approval from the Minister of Home Affairs.

Whatever is based on Article 25 of Presidential Regulation Number 116 of 2022 concerning Supervision and Control of the Implementation of Norms, Standards, Procedures, and Criteria for Management of State Civil Apparatus. Among them are Paragraph (1) to realize the implementation of ASN management in government agencies that are in accordance with the ASN management NSPK, in the event that there is a vacancy in PPK, appointed officials cannot make appointments, transfers, dismissals, promotions, and personnel transfers.

Paragraph (2) in the event that there is a need for government agencies, the appointed official as referred to in paragraph (1) can appoint, transfer, dismissal, promotion, and personnel transfer after receiving technical consideration from the Head of BKN.