JAKARTA - Minister of Home Affairs (Mendagri) Tito Karnavian made an ultimatum that he could stop regional heads who neglected enforcement of health protocols (prokes) during the COVID-19 pandemic.
In this ultimatum, Tito used Article 67 and Article 78 of Law Number 23 of 2014 concerning Regional Government. Article 67 letter b states, regional heads and / or deputy regional heads are obliged to comply with all provisions of laws and regulations.
Then Article 78 paragraph (2) letter c states that the regional head and / or deputy regional head are dismissed for violating the oath of office. Meanwhile, in letter d, it is stated that they can be dismissed for not carrying out the obligations referred to in Article 67 letter b.
However, according to a legal expert from Trisakti University, Abdul Fickar Hadjar, the Minister of Home Affairs and the President cannot remove the governor, regent or mayor from their positions.
Fickar admitted that this article could be the initial basis for removing regional heads. However, the only party that can depose regional heads is the DPRD of each region through the impeachment process.
"The process is based on Article 67 letter b. However, the President and the Minister of Home Affairs are not authorized to dismiss regional heads. This is entirely the right and authority of the DPRD to impeach," said Fickar when contacted by VOI, Friday, November 20.
The impeachment process is regulated in Article 80 of the Regional Government Law. Initially, the DPRD Chairperson proposed the process of dismissing regional heads based on the results of a plenary meeting of council members.
However, the DPRD also cannot easily impeach regional heads. There is a long process to go through. Primarily, the DPRD must ask for consideration from the Constitutional Court regarding violations committed by regional heads.
"The DPRD must ask the Supreme Court's consideration to judge the DPRD's opinion is based on law or not. The proposed regional head was given the opportunity to defend himself by the Supreme Court," said Fickar.
In fact, said Fickar, the entire impeachment process for regional heads will take a long time, with a minimum of 1 year or more.
Previously, the Minister of Home Affairs (Mendagri) Tito Karnavian issued Minister of Home Affairs Instruction Number 6 of 2020. It asked regional heads to become role models in complying with health protocols accompanied by the threat of removal sanctions.
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.
"I tell the governor, regent and mayor 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 DPR, Wednesday, November 18.
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