A Normative Analysis Of The Models For The Dismissal Of Regional Heads And Deputy Regional Heads In The Postreform Era

Abstract

The mechanism for dismissing regional heads and deputy regional heads postreform has given rise to constitutional tension between the principle of direct democracy and the protection of regional autonomy within the framework of Indonesian constitutional law. This study identifies normative gaps and procedural problems arising from the phrase "serious violations", the politicization of the DPRD and the President's involvement in finalizing the dismissal, which have the potential to undermine the stability of regional government and the legitimacy of local democracy. This study uses normative law with statutory approach, case approach, and conceptual approach. This article recommends a more precise reformulation of the dismissal criteria, and restructuring the balance between central oversight and regional independence. This article's primary contribution lies in the normative reconstruction of the mechanism for dismissing regional heads as an instrument of constitutional control that maintains accountability without sacrificing the stability and legitimacy of local democracy. It also opens up an agenda for further empirical research to examine the impact of dismissals on local governance in Indonesia.