Quo Vadis Landasan Hukum Pengangkatan Penjabat Kepala Daerah

Abstract

The Ministry of Home Affairs issued Permendagri No. 4 of 2023 as a legal basis for the appointment of acting regional heads. In fact, viewed from various aspects, the legal basis in the form of Permendagri is not sufficient and inappropriate to accommodate the needs of the mechanism for appointing acting regional heads. The research methods used in this study belong to the normative juridical type of research. The type of data used is secondary data, so the data collection uses literature studies. The data analysis method used is qualitative analysis. This article finds the problem of non-conformity in the formation of appointment regulations in the form of Permendagri, and finds several issues that will be discussed: First, the position of the Ministerial Regulation in the legal system in Indonesia. Second, Permendagri 4/2023 contradicts Article 86 Paragraph (6) of Law No. 23 of 2014 concerning Regional Government. Third, Permendagri 4/2023 ignores the recommendations of Constitutional Court Decision No. 67/PUU-XIX/2021. This article concludes that harmonization is needed in the issuance of technical regulations for the appointment of acting regional heads, so it is recommended to issue laws and regulations in the form of Government Regulations as mandated by the Constitutional Court and laws.

Keywords

• acting regional head, government regulation, ministerial regulation.