Appointment of Regional Head PJ with out Election is taken into account an Injury to Democracy

22 – The positions of regent, mayor and governor are the outcomes of the democratic course of through elections. The swap of power of the regional head that isn’t through elections is set by the institution above him, particularly the Minister of Home Affairs based totally on the governor’s proposal. This course of is top-down whereas democracy is bottom-up.

This assertion was made by Adi Bunardi from FRAKSI98 inside the ‘People’s Gathering’ which handed off on Friday (22/7/2022) at Gedoeng Joeang 45, Bekasi.

According to Adi, the appointment of PJ Regent by the hierarchy above isn’t legitimized consequently of the people weren’t elected by the ultimate election.

“The first problem with appointing legitimacy is the damage to the democratic process and the lack of legitimacy. Bureaucracy is like a robot machine that cannot be intervened like Max Weber stated,” he talked about.

Second, Adi continued, the neutrality of the kinds inside the state system has the color of political occasions, consequently of there’s a relationship between political power.

“Even though the State Civil Apparatus (ASN) Law must be neutral from politics, in practice the appointed regional heads depend on the incumbent in power. It is not healthy to build a sovereign power system for the public interest,” he outlined.

Adi added that ASN elected as public officers with low legitimacy will assemble lodging politics to assemble institutions. Its effectivity doesn’t have loads affect on the occasion course of nevertheless isn’t succesful of accommodate all ranges of neighborhood groups. Da may be a friction within the neighborhood consequently of there are professionals and cons.

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“This is the weakness of the acting regent which was carried out because the process of appointing a hierarchy from above was not chosen by the people. It is different with those who go through a democratic process that is relatively not turbulent, or the offer of ideas. Political officials elected by the DPRD through the plenary session are more legitimized. The government just needs to determine the conditions, but this process has a history of trauma in the past, the existence of money politics for members of the DPR and the absence of a recall mechanism from the DPP of Political Parties,” he outlined.

Governor’s basis for proposing PJ Regent

Adi extra views that political positions can’t be left to explicit particular person institutional choices nevertheless have to be collectively through democracy. Because in line with him, the appointment of the Governor is the subjectivity of the governor, whether or not or not the appointment is acceptable or not, so the outcomes of the appointment of the Governor will depend on the subjectivity of the Minister of Home Affairs.

“Political positions that are not born from the spirit and spirit of democracy but are born from top-down appointments are a problem and do not reflect the sovereignty of the people. Now the appointing authority is leading to the process of democratic centralism,” talked about Adi.

“PJ is not the people’s choice because it is based on the subjectivity of the officials above it, not because of the people’s choice,” he added.

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Meanwhile, Adiputra from the Young People of the Syarikat Islam quoted the 4th paragraph about “the sovereignty of the people”. At the Preamble of the 1945 Constitution, the contents of Article 18 Paragraph 4 “Head of Regions are democratically elected” are normally not the phrases of the Minister of Home Affairs.

“Article 1 paragraph 2 “sovereignty in the hands of the people” describes the distinctive textual content material of the 1945 Constitution sooner than and after the amendments in 1999-2002. That the Regulations and Decrees of the Minister of Home Affairs collide with the 1945 Constitution. In the Law there’s an Election Organizer which everyone knows as a result of the General Election Commission (KPU) as a result of the Organizing Agency and there’s an Election Supervisory Body (Bawaslu),” he outlined.

On the other hand, Dadan Ramlan responded to the theme and outlined that officers and officers have fully totally different definitions. According to him, officers are people who’re normally immediately elected by the people. While an Acting Person is an particular person assigned to information when it comes to altering an official when there’s one thing that should be modified,

“In this case, we look at the regulation of Law No. 10 of 2016 The updated amendment was changed to Law No. 6 of 2020 regarding Pilkada, but this change is related to the Covid pandemic and still refers to Law No. 10 of 2016. In Article 201 paragraph 10 for the level of province and 11 for city districts, to fill vacancies. From this regulation, there is a collision between the Act and the 1945 Constitution, the Act may not exceed the Constitution, so the legal process is to conduct a Judicial Review at the Constitutional Court. In the process of selecting an official, there are people’s rights that are violated based on the Constitution,” he outlined.

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Dadan outlined {{that a}} Judicial Review was carried out and the selection No. 15 of 2020 was rejected with a remember that there have to be a technical guideline. The consideration of the Constitutional Court if the selection is granted is anxious {{that a}} vacancy will occur as an anticipation.

Even though the Constitutional Court has rejected the JR, Dadan talked about that eventually it’s attainable that there may be totally different efforts to have the power to bear the DPR RI.

“Through the authority of Commission 3 of the DPR RI to amend the law if it wants to change and decide on the article or it could be through a Presidential Decree,” he concluded.

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