Fajarasia.co – The Executive Director of the Monitoring Committee for the Implementation of Regional Autonomy (KPPOD) Armand Suparman assessed that the refusal of several governors to install acting regents proposed by the Ministry of Home Affairs (Kemendagri) occurred because the central government did not immediately make technical rules for the selection of regional heads.
“In our opinion, this stems from the absence of technical regulations as mandated by the Constitutional Court’s decision,” said Armand, Tuesday (24/5/2022).
Previously, the Chairman of the DPR RI, Puan Maharani, reminded the government that the election of the acting regional heads should be carried out selectively. Puan asked the Government to conduct a transparent and open selection process for public participation.
“Prepare adequate facilities if the community wants to provide input and carry out screening in a measurable manner and free from political interests,” said Puan.
Puan hopes that the Government will be careful in the screening process and determine Regional Officials with abilities that are in accordance with regional characteristics. According to him, it is very important for the Government to appoint an Acting Regional Head who understands the social and economic needs of the region he will lead.
According to Armand, to this day the government has not implemented the decision of the Constitutional Court (MK) mandating the formation of technical rules for filling out acting regional heads.
“Dealing with this situation, KPPOD urges the central government to immediately issue the regulation. Whether it will be a Minister of Home Affairs or stronger in government regulations, for example, but technical regulations must exist,” said Armand.
Armand suggested that the government take persuasive steps to resolve the polemic of the governor’s refusal to inaugurate the acting regent. “We encourage the central government to take persuasive steps because if it takes decisive steps, the question is, which regulations are referred to,” he said.
Armand is worried that if the issue is not resolved immediately, it will set an example for other governors. “Because what we are worried about in the future, this can be taken as an example by other governors,” he added.
Siti Zuhro, a senior researcher at BRIN, said the same thing. He said the rejection of the candidate for the office of the Minister of Home Affairs had been predicted beforehand.
“Don’t let resistance from one or two regions become collective resistance. This means that the regions have started to rebel against the central government which is considered arbitrary. It’s as if they deny how participatory democracy they have gone through with difficulty, then the recruitment of officials for years on their behalf,” said Siti.
In addition, in the election of the acting regional head, the government does not have a legal umbrella. “The Court asked the Ministry of Home Affairs to make an implementing regulation to serve as a reference, now it has not been made,” said Zuhro. The formation of technical rules related to filling out the acting regional heads is a mandate from the Constitutional Court’s decision Number 67/PUU-XX/2022
Pansel
Meanwhile, regional autonomy expert Djohermansyah Djohan said that the inauguration of an official could be carried out by the Minister of Home Affairs in the event of a refusal.
“That is resolved in the regulations at the Ministry of Home Affairs, the Law, the inauguration can be carried out by the Minister of Home Affairs. This means that there is no power vacuum,” said Djohermansyah.
To prevent similar incidents from happening again, Djohermansyah suggested that a selection committee (pansel) at the provincial or central level be formed by involving independent parties, experts, and even the State Civil Apparatus Commission (KASN).
“So that it doesn’t happen again. The rules of the game, regulations in the appointment, appointment of officials should be done openly, transparently, and using democratic principles in the context of bureaucracy,” added Djohermansyah.
The panel will formulate three names that will be selected through the auction mechanism. The name is announced to the public and also consulted with the leadership of the Provincial DPRD for the acting governor and the Regency/City DPRD for the regent/mayor.
Then a pause is also provided for the public to provide input regarding these names. Only then is it submitted to the competent authority to be elected. According to him, this is in accordance with the mandate of the Constitutional Court.
“In accordance with the good judgment of the Court. The consideration of the Constitutional Court is good. Don’t be harassed,” he concluded.****
