AUTHORITY OF EXECUTING REGIONAL HEAD DUTIES ACCORDING TO LAW NUMBER 23 OF 2014

Abstract

The appointment of the acting Regional Head can cause problems in the aspect of State Administrative Law. Filling the position of Acting Regional Head is regulated in Article 65 paragraph (1) and paragraph (2) of Law Number 9 of 2015 concerning the Second Amendment to Law Number 23 of 2014 concerning Regional Government. The duties and authorities of the Regional Head are complemented by obligations that must be carried out by the Regional Head as regulated in Article 67 of Law Number 23 of 2014 concerning Regional Government. These duties and authorities cannot be carried out if the Regional Head is serving a prison term or is temporarily incapacitated so that it can be understood that the duties and authorities obtained by the Regional Head are very decisive in the proper running of Regional Government. The limitations of the Acting Regional Head's authority in carrying out his duties as Regional Head are derived from the mandate authority, where the Acting Regional Head's authority is limited to carrying out authority in the form of policies that have been determined by the definitive Regional Head in Regional Government because his position is only as a temporary official who replaces the vacancy of the Regional Head. The Acting Regional Head does not have the authority to issue decisions and/or take actions that have legal implications for the Regional Government organization, personnel, permits, budget allocation, and other strategic policies without first coordinating with and obtaining written approval from the Minister of Home Affairs, the official who appointed the Acting Regional Head.