Repercussions of Acting Regional Heads

KOMPAS/HENDRA A SETYAWAN

Azyumardi Azra

The appointments of acting governors, regents and mayors have begun to show their repercussions, the negative consequences of which are both predicted and may be unexpected. It may be that the social, political and legal issues that have arisen could disrupt social cohesion as well as national and regional stability. This unfavorable development could also have an impact on preparations for the general elections taking place on 14 February 2024, and the regional elections on 27 November 2024.

The appointment of acting regional heads began on 12 May 2022 with the inauguration of five acting governors (Banten, Bangka Belitung, West Sulawesi, Gorontalo and West Papua) taking the place of the previous governors whose terms of office had expired. The second batch of appointments on 22 May 2022 included 37 acting regents and six acting mayors. Resistance began to emerge in the regions, for example when Southeast Sulawesi governor Ali Mazi and North Maluku governor Abdul Gani Kasuba postponed the inaugurations of acting regents in several regencies. The reason of the two governors was that some of the officials appointed by the Home Ministry did not comply with their delivered proposals.

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Resistance from the local administrations, the Regional Legislative Councils (DPRD) and communities could expand or accumulate, buried beneath the surface turning into latent potential for conflict that could cause vulnerability. Imagine the potential repercussions from the appointments of seven governors, 76 regents and 18 mayors — a total of 101 regional heads — throughout 2022. In 2023 there will be 17 governors, 115 regents and 38 mayors, making up a further 170 acting heads. In total, there will be 271 (50.9 percent) regional heads, elected by the people through the regional head elections, replaced by acting officials. This means that more than half of the total of 541 regional heads will be holding power in the regions, not with the sovereignty of the people but on the basis of the power of the central government.

The government, especially Home Minister Muhammad Tito Karnavian, does not seem to care about the widespread repercussions. Instead, the government is applying the principle of “going ahead” — rawe-rawe rantas malang-malang putung (whatever gets in the way must be removed) — in determining the acting heads of the regions. The Home Ministry said it would inaugurate acting regents or mayors itself if the governors were not willing to. Therefore, the appointments of acting regional heads perfectly deviate from democracy, both procedurally and substantively.

The accumulation of deviations from democracy are increasingly worrying as President Joko “Jokowi” Widodo also seems to ignore the public's voice. The President seems to say almost nothing about this issue. The government continues to pursue a path that encourages political and legal problems. The government, both President Jokowi and Home Minister Tito Karnavian, appointed the acting regional heads “silently”, involving only the Home Ministry, the Administrative and Bureaucratic Reform Ministry, the State Secretariat, the State Civil Service Agency and the State Intelligence Agency. The government does not involve regional representatives, elements of civil society or regional autonomy stakeholders. There is no transparency and participation in accordance with democratic principles at the national and local level.

In fact, the Constitutional Court, in its decision on 20 April 2022, ordered the government to issue a clear government regulation on filling regional head positions. The Constitutional Court also emphasized that the acting regional heads must be from the state civil apparatus; active members of the Indonesian Military (TNI) and National Police cannot be appointed as acting regional heads. The government does not comply with the Constitutional Court's decision. It has not issued regulations regarding the stipulation process and has even appoints an active TNI member, Brig. Gen. Adi Chandra As'aduddin, to be the acting regent of West Seram, Maluku province. With regard to the decision on the acting regional heads, the constitutional judge who was also the spokesperson for the Constitutional Court’s decision, Enny Nurbaningsih, and the spokesperson for the Constitutional Court, Fajar Laksono, emphasized that the Constitutional Court's decision was not only a recommendation, but also final and binding, which the government must follow up on (Kompas, 18/5/2022 and 27/5/2022).

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Meanwhile, several high-ranking officials issued different responses and statements that have confused the public. A number of government officials have put forward various legal loopholes to justify the unfavorable move in appointing the acting regional heads, including from the active military. It is possible that the legal loopholes used are legally valid, but it is clear that the government's move is "politically incorrect".

If the government continues to make politically incorrect steps, political and social repercussions can continue to develop which — once again — can threaten the cohesion, integrity and stability of the country. The government needs to correct the steps in appointing regional heads. With many acting regional heads still to be appointed, it is better for the government to immediately implement the Constitutional Court's decision and comply with the law to carry out the process of determining candidates for office in a transparent manner by involving regional leadership, both formal and informal, civil society and other stakeholders.

AZYUMARDI AZRA, History professor at Syarif Hidayatullah State Islamic University (UIN Jakarta); member of the Cultural Commission of the Indonesian Academy of Sciences (AIPI)

This article was translated by Hyginus Hardoyo.