TINJAUAN HUKUM BATASAN KEWENANGAN PEJABAT BUPATI BERDASARKAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH

Wa Santika; L.M. Ricard Zeldi Putra; Hadi Supriyanto; Al Hiday Nur

Wa Santika Fakultas Hukum Universitas Muhammadiyah Buton
L.M. Ricard Zeldi Putra Fakultas Hukum Universitas Muhammadiyah Buton
Hadi Supriyanto Fakultas Hukum Universitas Muhammadiyah Buton
Al Hiday Nur Fakultas Hukum Universitas Muhammadiyah Buton

Keywords: Legal Effects, Limitation of Authority, Regent Official.

Abstract

The limitation of authority possessed by the Acting Regent is the main problem in the administration of local government. The acting Regent is limited in his authority by laws and regulations so that his authority is not the same as the definitive regional head. This raises various problems because currently almost all regions of Indonesia are led by acting regional heads. The existence of limits on the authority of the Regent Officials actually aims to minimize the occurrence of overlapping policies and authorities, as well as abuse of power. Therefore, the Acting Regent who exceeds the limits of his authority will get legal consequences for the actions he commits. The purpose of this study is a) To determine the limits of the authority of Regent Officials in organizing local government based on Law Number 23 of 2014 concerning Regional Government. b) To determine the legal consequences for the Regent Officer who exceeds the limits of his authority in organizing local government. The method used in this study is normative legal research using the approach of laws and regulations obtained through literature studies. Based on the results of the study, it can be concluded that: a) The authority of the Regent Official in organizing local government is limited by four things, namely the prohibition on mutation of the State Civil Apparatus (ASN), the prohibition on making policies on regional expansion that are contrary to the policies of previous officials, and the prohibition on making policies that are contrary to government administration policies and development programs of previous officials. b) Legal consequences for Regent Officials who exceed the limits of authority in conducting local government must first be resolved administratively. However, if based on a court decision it is proven that the abuse falls within the scope of criminal acts, namely threats, bribes, and deception to obtain unauthorized benefits, then the alleged abuse of authority is resolved through criminal proceedings.