Analisis Yuridis Terhadap Pemberhentian Kepala Daerah Menurut Konstitusi Indonesia

Authors

  • Abdullah Almeer Syahqeel Bawamenewi Universitas HKBP Nommensen
  • Budiman N.P.D. Sinaga Universitas HKBP Nommensen
  • Kasman Siburian Universitas HKBP Nommensen

Keywords:

Dismissal;, Regional Head;, Constitution.

Abstract

Based on Article 7 A of the 1945 Constitution Amendment, the President and Vice President  can be dismissed in their term of office by the MPR on the proposal of the Dpr, either if proven to have committed violations of the law in the form of treason against the state, corruption, bribery, and other criminal acts, or reprehensible acts or if proven no longer qualified as President and Vice President. This provision also carries implications for the Regional Head as the organizer of the local government that can be dismissed in his term of office. In principle, the dismissal of the Regional Head and/or Deputy Regional Head can be done at the term of his office and at the end of the term of office.The formulation of the problem in this study is How is the process of the mechanism of dismissing regional heads based on the constitution in Indonesia? What factors make the Regional Head dismissed from his position? The purpose of the research is to find out how the process of dismissing regional heads based on the constitution in Indonesia and to find out what factors make the Regional Head dismissed from his position. Methods in thesis writing use Normative Juridical research methods or literature law research by researching library materials or mere secondary data. Legal research that uses literature materials is often conceptualized as what is written in the law in books or law is conceptualized as a rule or norm that is a benchmark for behaving as appropriate. So the conclusion of the results of this study is that the dismissal of the Regional Head and or Deputy Head of Regions starts from Law No. 5 of 1974, Law No. 22 of 1999, Law No. 32 of 2004, and finally Law No. 23 of 2014 on Local Government, as well as Government Regulation No. 12 of 2017 on The Construction and Supervision of Local Government Implementation almost has the gality, namely the scheduling of the dismissal of the Regional Head and or Deputy Regional Head is carried out by the dprd leadership to the President. This proposal is derived from a series of surveillance processes. In the event that the dprd leadership cannot perform the task, then the proposal can be done by the Minister of Home Affairs. The political  nuances at each time of the issuance of the above law make an influence on the flexibility of the legal mind to create an autonomous region that is independent. The dismissal of the Regional Head must go through the Constitution, because the constitution is the result of an agreement (consensus) with citizens.

Published

2022-05-28

How to Cite

Abdullah Almeer Syahqeel Bawamenewi, Sinaga , B. N. ., & Siburian , K. . (2022). Analisis Yuridis Terhadap Pemberhentian Kepala Daerah Menurut Konstitusi Indonesia . Nommensen Journal of Constitutional and Administrative Law, 1(1), 88-102. Retrieved from https://ejournal.uhn.ac.id/index.php/administrative_law/article/view/560

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Articles