JAKARTA - The head of the House of Democracy, Ramdansyah, said that his party assessed that the appointment of an acting governor by the government should be based on carefully drawn up technical rules, in accordance with the general principles of good governance (AUPB), and referring to the principles of democracy.
"In response to the confusion regarding the appointment of an acting governor to fill a vacant position in accordance with Article 201 of Law Number 10 of 2016, the House of Democracy states (the appointment of an acting governor) must be based on careful technical regulations," Ramdansyah said in a written statement, quoted from Antara, Friday 27 May.
According to him, technical rules that are in accordance with the AUPB, democratic principles, are open, transparent, and accountable will ensure the appointment of the acting governor does not harm the rights of civil liberties and does not conflict with the provisions of the applicable laws and regulations.
Ramdansyah also said that the government needs to make technical rules regarding the determination of the acting governor because it is one of the provisions contained in the legal considerations in the Decision of the Constitutional Court (MK) Number 67/PUU-XIX/2021.
He explained that the MK's legal considerations stated that the government needed to consider and pay attention to issuing implementing regulations as a follow-up to Article 201 of Law Number 10 of 2016.
Thus, there are measurable and clear mechanisms and requirements that the filling of these positions does not ignore the principles of democracy.
Then, he added, the technical regulations will also provide guarantees for the public that the mechanism for filling in office takes place in an open, transparent and accountable manner to produce competent leaders with integrity in accordance with regional aspirations.
"In the absence of technical regulations, Article 1 paragraph (1) of Law Number 8 of 2015 concerning Regional Government stipulates that the acting governors, regents and mayors are civil servants who come from middle high leadership positions in accordance with applicable laws and regulations. will be 'multi-interpretation'," he said.
He also conveyed that the technical rules for determining the acting governor openly made by the government could appoint the TNI or Polri.
Even so, he added, the appointment needs to refer to the security conditions or vulnerability of a province, as regulated in Government Regulation in Lieu of Law Number 23 of 1959 concerning the Determination of Dangerous Conditions. The regulation states that there are three levels of danger.
"The lowest level of danger is a state of civil emergency where the military is still not involved as the regional ruler. Then, the involvement of the military as the regional ruler is carried out when an area becomes a military emergency and a war emergency. The TNI/Polri as acting governors have no reason," explained Ramdansyah.
Therefore, he continued, the House of Democracy encourages middle civil servants with a clear track record to become acting governors.
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