Reformulation of Regulations for Resignation of Regional Heads in Term of Office
Journal: International Journal of Arts and Social Science (Vol.5, No. 2)Publication Date: 2022-02-28
Authors : Evi Damayanti Sudarsono Indah Dwi Qurbani;
Page : 09-64
Keywords : Reformulation; Implications; Resignation; Own Request;
Abstract
The regulation of the Dismissal of the Regional Head as contained in Law Number 23 of 2014 concerning Regional Government has given the right for the Regional Head or Deputy Regional Head to resign by submitting his resignation at his own request. This has the potential to provide leeway for Regional Heads and/or Deputy Regional Heads to step down during their term of office which causes various legal impacts, including disruption of Regional Government performance due to vacancies, to injuring people's mandates due to violations of oaths or promises of office. This research is a normative legal research, by analyzing primary and secondary legal sources. The findings in this study indicate that there is no clear limit to “own request” as a condition for the dismissal of the Regional Head and/or Deputy Regional Head in Article 78 paragraph (1) letter b of Law Number 23 of 2014 concerning Regional Government. So that the interpretation of the meaning of the phrase has a very broad and even unlimited interpretation. The absence of clear boundaries can lead to many interpretations so that it does not guarantee the clarity of the formulation and can have implications for many things.
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