Filling the Task of Regional Heads in the Regional Government System in Indonesia

Wardani, Win Yuli (2022) Filling the Task of Regional Heads in the Regional Government System in Indonesia. Doctoral thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

The elections of the regional head and deputy regional head in Indonesia are simultaneously held so that it allows simultaneous casual vacancies. Casual vacancy also can be caused by the regional head, and deputy regional head are temporarily absent or dealing with the law. In the condition of the causal vacancy on a leadership position, the fulfillment of the regional head position is required. However, this process causes problems philosophically, theoretically, and juridically, as well as interesting to be appointed as a dissertation entitled "Reconstruction of Legal Regulations for the Fulfillment of Caretaker (PLT) Position for Regional Head in Regional Government System in Indonesia." The research problems to be studied are regarding the regulations for the fulfillment of caretaker (Plt) position for the regional head in regional government system in Indonesia and the limit of authority of caretaker for the regional head in regional government system in Indonesia. The aim of this study is to analyze and find out the regulations for the fulfillment of the caretaker (Plt) position for the regional head and the limit of authority in the regional government system in Indonesia. The research method used was normative juridical research, legal research focusing on the review analysis about positive legal norms set by the authorized officer. The approaches used were the statue approach, conceptual approach, philosophy approach, and reform-oriented approach. The results of the study showed that (1) the regulations for the fulfillment of caretaker (Plt) position for Regional Head in regional government system in Indonesia are carried out with 2 (two) models: First, the fulfillment of caretaker position is carried out if the casual vacancy occurs because the regional head has entered his/her end of term, then appointing "Officer" by the Minister of Home Affairs through the Decree of the Minister of Home Affairs is in accordance with the provisions of applicable laws and regulations. Second, the fulfillment of the caretaker position is carried out if the regional head is temporarily absent due to becoming a candidate in a regional head election or is involved in the alleged legal case, then appointing a caretaker by the Minister of Home Affairs is by appointing the deputy a deputy regional head. (2) The limit of authority of caretaker (Plt) for Regional Head in regional government system in Indonesia is regulated by 2 (two) models: First, if caretaker of the regional head is appointed from the element of the Ministry of Home Affairs, then in carrying out his or her duties or authorities, he/she is limited in accordance with the provisions. It is also in accordance with the Decree of the Minister of Home Affairs regarding his/her appointment, but the limitation is meaningless and excluded if the written approval from the Minister of Home Affairs exists. Second, if the caretaker of the regional head is assigned from a deputy regional head, he/she can carry out duties and authorities as broad as the duties and authorities of the definitive regional head. Keywords: A Legal Regulation Reconstruction, Job assignment, Filling Caretaker Position.

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