Legal Expert: Regional Heads Can Be Removed If Policies Don't Involve The People

Masses who are members of the United Pati Community Alliance rallied in front of the Pati Regent's Office, Pati Regency, Central Java, Wednesday (13/8/2025). (ANTARA)

JAKARTA - Experts for constitutional law at the Faculty of Law, Padjadjaran University (Unpad) Prof. Susi Dwi Harijanti said that regional heads, including regents, could be dismissed because of the formation of policies that did not involve the people.

Susi's legal expert said the provisions for dismissing regional heads and their reasons had been regulated in Article 78 paragraph (2) of Law (UU) Number 23 of 2014 concerning Regional Government.

"Several reasons for dismissal, including letter d (in the law), namely 'Not carrying out the obligations of the regional head and deputy regional head as referred to in Article 67 letter b'," said Susi, quoted by ANTARA, Thursday, August 14.

As for Article 67 letter b which is contained in Article 78 paragraph (2) letter d of the law, it stipulates that the obligations of regional heads and their representatives include complying with all provisions of the legislation.

At that level, said Susi, one of the relevant regulations is Government Regulation (PP) Number 45 of 2017 concerning Community Participation in the Implementation of Regional Governments.

In Article 2 it is stated 'People have the right to participate in the preparation of regional regulations and regional policies that regulate and burden the community'. Regional regulations and regional policies that burden, including regional taxes," he said.

Susi explained that she was responding to the movement of people in Pati, Central Java, who urged the local regent, Sudewo, to resign from his position because he was considered an arrogant leader.

Thousands of Pati residents on Wednesday (13/8) held a demonstration in the square of Pati City. The overflow of people's aspirations began with the Pati Regency Government's policy of increasing the rate of Land Tax and Rural and Urban Buildings (PBB-P2) to 250 percent.

On the other hand, the Pati Regency DPRD in a plenary meeting, on Wednesday (13/8), agreed to form a special committee (pansus) for inquiry consisting of 15 members to investigate the policy of the Pati Regent, Sudewo.

Related to this, Susi explained that the mechanism for dismissing regional heads for alleged violations of Article 78 paragraph (2) letter d of the Regional Government Law was preceded by the opinion of the DPRD.

As stipulated in Article 80 of the Regional Government Law, the opinion of the DPRD was decided through a plenary meeting attended by at least 3/4 of the total DPRD members and the decision was taken with the approval of 2/3 of the number of members present.

"The Supreme Court (Ma) examines, tries, and decides the opinion of the DPRD no later than 30 days after the DPRD's request is received by the Supreme Court and the decision is final," said Susi.

Previously, DPRD Chairman Pati Ali Badrudin said the plenary meeting on Wednesday (13/8) was attended by 42 people from 50 members of the Pati DPRD. All factions agreed to form a special committee team to follow up on the policy of Regent Pati Sudewo.

"Today (Wednesday) the special committee immediately met, while the results were waiting for them because they had 60 working days," said Ali Badrudin in Pati, Wednesday.

Later, according to him, the Pati DPRD Special Committee team will evaluate the Pati Regent's policy regarding the handling of protesters, then the results will be recommended and sent to the Supreme Court.

Meanwhile, despite demands from the community, Regent Pati Sudewo stated that he would not resign because he was also elected by the people constitutionally and democratically.

"Of course, you can't have to stop and step down with such demands because everything has a mechanism," he said in Pati, Wednesday (13/8).

Even so, he stated that he still respects the ongoing political process in the Pati DPRD, including the right to inquiry submitted by members of the council.

"The DPRD has the right of inquiry and I respect the plenary session," he said.