Aulia, M. Rowi (2024) Sanksi Administratif Terhadap Pemberhentian Kepala Daerah Yang Tidak Melaksanakan Program Strategis Nasional Berdasarkan Undang-undang Nomor 23 Tahun 2014 Tentang Pemerintahan Daerah. Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT Regional heads who gain legitimacy from democratic mechanisms are the result of a democratic state supported by the rule of law. The polemic about whether or not the President has the authority to dismiss regional heads resurfaced when the government proposed the Job Creation Bill. It was previously stated in the draft Job Creation Law that the President can dismiss regional heads who do not implement the National Strategic Program. The National Strategic Program is a project and/or program of the Central Government, also collaboratively involved with Regional Governments, and/or business entities in terms of increasing growth and equality which is considered to have a strategic nature. In Article 68 of Law Number 23 of 2014 concerning Regional Government, a regional head and/or deputy regional head may be subject to administrative sanctions of dismissal as regional head and/or deputy regional head if they do not implement a national strategic program. These provisions are further regulated in Government Regulation Number 12 of 2017 concerning Development and Supervision of Regional Government Implementation. So in this research, there are 2 problem formulations that discuss the problems that arise in this research, namely what is the theoretical basis for the President's authority to dismiss regional heads and what are the procedures for dismissing regional heads who do not implement the National Strategic Program. The research method uses a type of normative legal research with a statutory regulatory approach and a conceptual approach. The research results show that the theoretical basis for imposing administrative sanctions is based on the theory of the presidential system of government and the concept of the welfare state adopted by Indonesia. This sanction procedure is carried out hierarchically through non-judicial channels. It is necessary to make regulations for imposing sanctions through the courts to provide legal certainty and prevent abuse of authority by the President. then the dismissal of regional heads who do not implement national strategic programs is also contrary to the principles of a democratic state. This is strengthened through aspects of the principle of popular sovereignty, general principles of good governance and the potential for abuse of power. As well as to overcome administrative sanctions in the form of dismissal, the author proposes preemptive, preventive and repressive measures that can be taken to avoid damaging the principles of a democratic state.

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