YOGYAKARTA - The issue of a Circular (SE) from the Ministry of Home Affairs (Kemendagri) that gave the authority to regional head officials to dismiss ASN was straightened out by Tito Karnavian. The Minister of Home Affairs denied giving full approval to Plt, Acting, and Acting for Transfers and firing ASN.
Furthermore, Minister of Home Affairs Tito conveyed the authority of regional head officials to stop ASN only when employees violate the law and ethics. Tito said the SE issued was aimed at facilitating the administrative process for employee transfers. So far, the employee mutation process has been complained because of the long administrative process.
"So the issue that developed as if the Minister of Home Affairs gave full authority, is not limited to regional heads to carry out dismissals and transfers of positions, it is not true," Tito said in a meeting with Commission II of the DPR, Wednesday (21/9).
Many parties assess that the SE issued by the Ministry of Home Affairs is vulnerable to being misused or politicized. Tito also admitted that he would be invulnerable in the SE he signed. However, he emphasized that the SE only gave two authorities, namely dismissing employees who were involved in legal cases and mutations of ASN employees between regions.
Acting regional heads have several tasks and authorities in their scope of work in the government. In addition, there are things that are prohibited by the acting regional head.
The tasks carried out by regional heads are regulated in Article 65 Paragraph (1) of Law Number 23 of 2014 concerning Regional Governments.
The authority of the acting regional head is regulated in Article 65 Paragraph (2) of the Regional Government Law, which contains the following:
The duties and authorities of the acting regional head are also contained in the Regulation of the Minister of Home Affairs (Permendagri) Number 1 of 2018 concerning Leaves outside of State Responsibility for Governors and Deputy Governors, Regents and Deputy Regents, as well as Mayors and Deputy Mayors.
The regulation is specific to the duties and authorities of regional head officials when the regional head is definitively in the Pilkada campaign. The duties and authorities of the acting regional head during the Pilkada campaign are contained in Article 9 Paragraph (1) of the Minister of Home Affairs Number 1 of 2018:
In carrying out their authority and duties, the Acting Governor, Acting Regent, and Acting Mayor are responsible and required to provide a report on the implementation of their duties to the minister. This is regulated in paragraph (2) of the same article.
Regional head officials are prohibited from doing four things as stated in Article 132A Paragraph (1) and (2) of Government Regulation (PP) Number 49 of 2008 concerning Elections, Ratification of Appointments, and Dismissal of Regional Heads and Deputy Regional Heads.
"(1) Acting regional head or acting regional head as referred to in Article 130 paragraph (1) and paragraph (3), as well as Article 131 paragraph (4), or those appointed to fill the vacant position of regional head for resigning to nominate/nominate as candidates for regional head/deputy regional head, as well as regional heads appointed from deputy regional heads who resign to nominate/nominate as candidates for regional heads/deputy regional heads are prohibited:
a. carry out employee mutations;
b. canceling permits issued by previous officials and/or issuing permits that are contrary to those issued by previous officials;
c. make policies on regional expansion that are contrary to previous official policies;
d. and make policies that are contrary to the policies of implementing government and previous official development programs.
(2) Provisions as referred to in paragraph (1) can be excluded after receiving written approval from the Minister of Home Affairs."
That is the duty and authority of the acting regional head based on the Regulation of the Law and the Minister of Home Affairs. The Acting regional head must also not violate the prohibitions regulated in Government Regulations, with the exception of obtaining the approval of the Minister of Home Affairs.
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