GAGASAN PENGISIAN JABATAN PENJABAT KEPALA DAERAH DIKAITKAN DENGAN ASAS AKUNTABILITAS DI INDONESIA

Abstract

Filling in the position of acting regional head (Pj) which is carried out using an
appointment mechanism by the president and the minister of home affairs is considered not
transparent, accountable and participatory and ignores democratic principles. The central
government has a central role in appointing acting regional heads without involving the
aspirations of the regions, and there is no clear and firm legal regulation regarding filling
the positions of acting regional heads which is increasingly causing polemics in society.
This study uses normative legal research methods by collecting literature and
focusing on legal principles, namely the general principle of good governance (AUPB) in
filling the positions of acting regional heads in accordance with the principle of
accountability in Indonesia.
The results of the study show that, first, the dynamics of filling the vacant positions of
regional heads in Indonesia from the old order era to the reform era were carried out
centrally with power in the hands of the central government. This is reflected in several
statutory provisions in force in Indonesia which are the government's reference in filling the
vacant regional head positions. Second, filling the position of acting regional head is seen as
not being transparent, participatory and accountable and setting aside democratic values by
ignoring the aspirations of the region and the people. The central government is not
transparent and accountable in appointing acting regional heads so that the mechanism for
appointing acting regional heads creates polemics in society. Third, the legal regulations
regarding acting regional heads should be issued immediately so that the filling of regional
head positions has a clear and firm measurable mechanism and continues to be transparent,
accountable and participatory as mandated in the Constitutional Court decision with case
Number 67/PUU-XIX/2021 and Article 86 paragraph (6) of Law Number 23 of 2014
concerning Regional Government, with contents including: a) involving the DPRD in the
process of proposing candidates for acting regional heads b) participation of the regional
people in providing suggestions and input regarding the performance of the acting (Pj)
regional head, c) the existence of mechanisms and prerequisites that are clearly measurable
and filling the positions of acting regional heads so that they remain in accordance with the
general principles of good governance that are transparent, participatory and accountable.
Keywords: Idea, Filling in the Position of Acting Regional Head, Accountability