Penunjukan Penjabat Kepala Daerah oleh Pemerintah Pusat dalam Hubungan Hukum dan Demokrasi
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Evalina Sonya Djehamur(1*)
Magister Ilmu Hukum
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Saryono Yohanes(2)
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Detji K.E.R Nuban(3)
(*) Corresponding Author
Abstract
This study aims to analyse the mechanism of appointing acting regional heads by the central government from both legal and democratic perspectives, as well as to identify an ideal framework for such a process that aligns with democratic principles. This research employs normative legal methodology, using a statute approach focusing on regulations related to the appointment of acting regional heads.
The findings reveal that the appointment of acting regional heads by the central government presents legal challenges, including inconsistencies between existing regulations and the Constitution (UUD 1945), overlapping legal provisions, and the absence of comprehensive implementing regulations, which in turn has led to resistance at the regional level. From a democratic standpoint, the mechanism is considered to undermine popular sovereignty, diminish the spirit of regional autonomy, and raise questions about the political legitimacy of appointees who are designated without public involvement.
This study recommends an ideal framework that involves the legislative body as the people’s representative, with a mechanism ensuring regional participation and regulatory coherence. Such a framework should reinforce democracy, regional autonomy, and adaptability to future circumstances.
Keywords: appointing acting official; regional head; constitution; democracy; regional autonomy; regional election.
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