JAKARTA - Minister of Home Affairs (Mendagri) Tito Karnavian issued Minister of Home Affairs Instruction Number 6 of 2020. It asks regional heads to become role models in complying with health protocols.
This is the response of the central government to a number of crowd activities carried out by the community and there are no precautions or dissolutions by the regional heads.
There are sanctions that will be imposed on the regional head who violates, the most serious in the form of dismissal from his position. This, said Tito, is in accordance with Article 67 letter b and Article 78 of Law Number 23 of 2014 concerning Regional Government.
Article 67 letter b reads, the regional head is obliged to obey all provisions of the statutory regulations. Meanwhile, Article 78 reads, the regional head stops for three reasons, namely death, his own request, or being dismissed.
"I tell the governors, regents and mayors to heed this instruction because there is a risk. If the law is violated, dismissals can be carried out," said Tito in a joint meeting with Commission II of the House of Representatives, Wednesday, November 18.
Then, can the regional head who took office because of the general election process be dismissed by the central government just like that?
Responding to this, a legal expert from Trisakti University, Abdul Fickar Hadjar, said the Minister of Home Affairs has no authority to dismiss regional heads from their posts.
"The president and the Minister of Home Affairs have no authority to dismiss or remove regional heads because regional heads are directly elected by the people. It is not logical for the Minister of Home Affairs to think that he can dismiss regional heads," said Fickar when contacted by VOI, Thursday, November 19.
According to Fickar, Minister of Home Affairs Tito's ultimatum shows the characteristics of authoritarianism which are against democracy and the will of the people.
"The instruction is a form of arrogance by a minister towards regional heads. Even though it is not the minister or president who chooses the regional head because it only legalizes the position," he said.
Protested by a number of governorsThe threat of the Minister of Home Affairs to remove regional heads who ignore health protocols has drawn protests from the governors. West Java Governor Ridwan Kamil considers his policy to be dismissed.
"The removal policy must be viewed comprehensively. Because of this, it must be seen comprehensively whether there is any disgraceful behavior of regional heads who violates the law," said Ridwan Kamil.
Governor of South Sulawesi (Sulsel) Nurdin Abdullah also responded. For Nurdin, Minister of Home Affairs Tito's instructions must be translated wisely and wisely. Rules related to sanctions must also be looked at thoroughly.
"I think we have to look more wisely, because punishing people has signs. Unless the signs are removed and removed, they change. Hence, we have to look at the decision to punish people from the beginning. that we can give, "said Nurdin.
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