Stages Of Impeachment Of Regional Heads In Indonesia And Their Mechanisms

YOGYAKARTA - The stage of impeachment of regional heads is a legal process regulated in statutory regulations. This process is carried out if a governor, regent, or mayor is proven to have violated the oath of office, committed serious violations, or certain crimes.

However, it should be noted that impeachment is not just a political decision, but involves a formal mechanism ranging from proposals, examinations, to determinations. Each stage must go through a clear procedure so that the decisions taken have a strong and fair legal basis.

In the framework of Indonesian law, the term impeachment or impact is actually not used. The official term listed in the regulation is dismissal.

According to Dwi Haryadi, a lecturer at the Faculty of Law UBB, through his paper, explained that the legal basis for dismissing regional heads is regulated in Law Number 23 of 2014 concerning Regional Government, to be precise in Paragraph 5, which discusses the Dismissal of Regional Heads and Deputy Regional Heads.

Article 78 paragraph (1) states three reasons why regional heads quit their positions, namely death, resignation, or dismissal. The process, which is often referred to as impeachment, is in the last category, namely dismissal.

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Furthermore, Article 78 paragraph (2) of the Law details nine reasons that can be the basis for dismissal of regional heads, including:

The mechanism for dismissing regional heads according to Article 80 of Law Number 23 of 2014 starts from the process in the DPRD. The details of the process are as follows:

The DPRD expressed its opinion by assessing that the regional head/deputy head of the region violated the oath, did not carry out obligations, violated the prohibition, or committed a disgraceful act.

The DPRD decision was taken through the Plenary Meeting which was attended by at least 3 validity members of the DPRD and was approved by at least 2 pieces of the members present.

The DPRD will then send an official opinion to the Supreme Court. Barulan MA examined, tried, and decided within a maximum of 30 days. The Supreme Court's decision is final.

If the Supreme Court states that it is proven, the DPRD leadership will propose dismissal to the President. Then the proposal will be decided again at the Plenary Meeting on the condition that the presence & approval is the same as the first stage.

Furthermore, the president is obliged to issue a decision to terminate a maximum of 30 days after accepting the DPRD proposal.

The impeachment mechanism of regional heads is part of the democratic principle that rejects absolute power and upholds checks and balances.

Executives and legislatures should be harmonious partners, where regional heads focus on the welfare of the community, while the DPRD maximizes its supervisory function.

In addition, constructive criticism from the DPRD is also a means of policy improvement. However, impeachment is only carried out if there are strong reasons and evidence in accordance with the law, not just political interests.

Thus, the impeachment process must be carried out objectively and transparently in order to maintain a balance of power and ensure that the public interest remains a top priority in every decision.

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