TINJAUAN YURIDIS KEWENANGAN PENJABAT BUPATI DONGGALA DALAM MUTASI DAN PENGANGKATAN PIMPINAN ORGANISASI PERANGKAT DAERAH

Moh. Taufik, D10123643. A Juridical Review of the Authority of the Acting Regent of
Donggala in the Transfer and Appointment of Heads of Regional Apparatus
Organizations. Supervisor I: Prof. Dr. Aminuddin Kasim, S.H., M.H.; Supervisor II:
Rustam, S.H., M.H.
This study aims to examine the legal authority of the Acting Regent of Donggala to
carry out transfers and appointments of Heads of Regional Apparatus Organizations.
Within approximately one year following the appointment of the Acting Regent of
Donggala, at least two rounds of appointments and personnel transfers involving
officials and staff within Regional Apparatus Organizations were undertaken. This
situation raises an important legal question regarding the scope and limitations of the
authority vested in an acting regional head, particularly in relation to the management of
the State Civil Apparatus (Aparatur Sipil Negara/ASN).
This study employs a normative juridical research method, examining relevant legal
theories and concepts as well as statutory and regulatory provisions governing the
authority of acting regional heads. The analysis primarily adopts a statutory approach to
assess the legal basis and limitations applicable to the exercise of such authority.
The findings demonstrate that: (1) the Acting Regent is essentially a temporary official
appointed to fill a vacancy in the office of Regent pursuant to Article 201 paragraph (9)
of Law No. 10 of 2016. During such a vacancy, the Acting Regent holds the position of
regional head and, institutionally, performs functions comparable to those of a definitive
Regent. (2) Despite holding the position of regional head, the Acting Regent is subject
to specific limitations in exercising authority over ASN management. These restrictions
are stipulated in Article 25 paragraph (1) of the Presidential Regulation concerning
Norms, Standards, Procedures, and Criteria (NSPK) for ASN Management and Article
15 paragraph (2) of Minister of Home Affairs Regulation No. 4 of 2023, which have
significant implications for the administration and development of ASN personnel. (3)
These limitations do not constitute an absolute prohibition on the Acting Regent from
conducting transfers, rotations, or appointments of officials and staff within Regional
Apparatus Organizations. Such actions may be carried out provided that prior written
approval from the Minister of Home Affairs has been obtained, as stipulated in Article
15 paragraph (3) of Minister of Home Affairs Regulation No. 4 of 2023.
Keywords: Authority; Acting Regent; Transfer and Appointment; Heads of Regional
Apparatus Organizations.