Message from Acting Leaders’ Appointment

KOMPAS/EMANUEL EDI SAPUTRA

West Kalimantan Governor Sutarmidji inaugurated Samuel as Acting Regent of Landak, West Kalimantan, Monday (23/5/2022).

Some resistance has started to appear in connection with the appointment of acting regional heads. This resistance reminds us that immediate improvements should be made.

Resistance recently appeared in, among other areas, Southeast Sulawesi. Southeast Sulawesi Governor Ali Mazi postponed the inauguration of the acting regents of Central Buton and South Buton because their appointment by the Home Minister was not in line with his recommendation.

At almost the same time, the appointment of Central Sulawesi State Intelligence Agency head Brig. Gen. Andi Chandra As'aduddin as the acting regent of West Seram in Maluku was also questioned.

This was because in its decision on 20 April 2022, the Constitutional Court referred to Article 47 of Law No. 34/2004 on the Indonesian Military (TNI), which states that active TNI personnel may hold civilian positions only after they have resigned or retired. Similar rules apply to members of the National Police who seek to hold positions outside the police force. This is stated in Article 28 Paragraph 3 of Law No. 2/2002 on the National Police.

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> Acting Regional Heads to be Evaluated Every 3 Months

> Installation of Acting Regional Heads Begins

The Constitutional Court stated in its legal consideration that the government should issue a regulation on the appointment of acting regional heads in 271 regions this year and next. This regulation was needed to provide measurable and clear mechanisms and requirements to ensure that the appointment of acting regional heads did not ignore democratic principles.

At the XYZ Forum, which Kompas Editorial held on 10 May, Regional Autonomy Director General Akmal Malik from the Home Ministry revealed that a team had been formed to prepare for the appointment of acting regional heads. However, West Java Governor Ridwan Kamil said that the selection criteria for acting regents and mayors had not been communicated clearly to governors, who nominated potential candidates. This concern could now be seen in Southeast Sulawesi.

KOMPAS/HARIS FIRDAUS

The Governor of the Special Region of Yogyakarta (DIY) Sultan Hamengku Buwono X (left) greets the Acting Mayor of Yogyakarta Sumadi after his inauguration, Sunday (22/5/2022), at the Yogyakarta Governor's office complex, Yogyakarta City. The Sultan also inaugurated the Acting Regent of Kulon Progo Tri Saktiyana.

Many parties have an interest in the appointment of acting regional heads, such as the political elite at the national and regional levels, the leaders of political parties at various levels, bureaucrats, and businesspeople in Jakarta and the regions. Their interests vary from securing their interest in the 2024 general election and regional elections, ensuring the distribution of the economic pie, and to maintaining legislative seats in the regions.

In this regard, the Constitutional Court's consideration on the need to uphold democratic principles by providing measurable and clear mechanisms and requirements for the appointment of acting regional heads has become more relevant. In addition to preventing disputes, it is also important to selecting the best interim officials.

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> Intense Lobbying for Acting Officials Positions

> The Legitimacy of Acting Regional Heads

At the same time, implementing the Constitutional Court's decision, which is final and binding, is an important part of upholding the 1945 Constitution, especially Article 1, Paragraph 3, which states: "The State of Indonesia shall be a state based on the rule of law."

The consequence of ignoring democratic principles and the rule of law can be very costly. So, common sense has only one choice: Avoid the costly consequence in the appointment of acting regional heads.

This article was translated by Hendarsyah Tarmizi.