Risma Has Been Dismissed From The Position Of Mayor Of Surabaya Since Appointed As Minister Of Social Affairs
Risma Has Been Dismissed From The Position Of Mayor Of Surabaya Since Appointed As Minister Of Social Affairs - Director General of Regional Autonomy of the Ministry of Home Affairs Akmal Malik said, Tri Rismaharini was automatically terminated from the position of Mayor of Surabaya, when President Joko Widodo was appointed Minister of Social Affairs of the Republic of Indonesia.
Akmal said, in terms of statutory provisions regional heads may not have concurrent positions. This rule is in accordance with Article 78 Paragraph 2 letter g of Law Number 23 of 2004 concerning Regional Government.
Article 78 reads "Regional Heads are dismissed because they are given assignments in certain positions by the President which are prohibited from holding concurrent positions by provisions of laws and regulations," said the article.
"Terminated since being sworn in as a new official. There are restrictions on having multiple positions. When he was inaugurated, he immediately stopped,” said Akmal when contacted, Thursday (24/12/2020).
Akmal explained, after Risma was appointed Minister of Social Affairs, the status of Mayor of Surabaya would be replaced by Deputy Mayor of Surabaya. This, said Akmal, is in accordance with Article 88 of Law Number 23 of 2004 concerning Regional Government which states that if a definitive mayor has not been appointed, the deputy mayor will carry out his daily duties.
"The deputy mayor (exchanging), it is automatic, Law 23/2004 if the regional head is unable or will not (hold) because it is the deputy regional head who does the work," he said. Furthermore, when asked about Risma's admission that she would attend a schedule in Surabaya as Mayor of Surabaya, Akmal said this would disturb the provisions of Law Number 39 of 2008 concerning State Ministries.
"That (Risma's confession) will be a headache for the existence of the State Ministry Law," he said.
As for the Law on State Ministries Chapter V regarding Appointment and Dismissal, Article 23 letter c states that ministers are prohibited from holding concurrent positions as:
- Other state officials in accordance with statutory regulations;
- Commissioners or directors in state companies or private companies; or
- Leaders of organizations financed from the State Revenue and Expenditure Budget and/or Regional Expenditure Budget.
Then, in Article 24 Paragraph 2 it is stated that the Minister is dismissed by the President for several reasons. One of them, Article 24 Paragraph 2 letter d, namely the Minister is dismissed from his position for violating the provisions prohibiting concurrent positions as stated in Article 23. Previously,
Risma said that currently she has concurrent positions as Minister of Social Affairs and Mayor of Surabaya. Risma said President Joko Widodo allowed her to go back to Jakarta and Surabaya for now.
“Probably because I still hold concurrent mayor for some time. I have permission from Mr. President, 'No problem, Mrs. Risma go home'," said Risma in her speech during the virtual handover of the position of Minister of Social Affairs at the Ministry of Social Affairs Building, Wednesday (23/12/2020).
Risma said that she would return to Surabaya to inaugurate the bridge, sports museum, and other schedules she had to attend. "It's a shame if I don't inaugurate (the bridge), and want to inaugurate the sports museum because there is Rudi Hartono's jersey, Alan Budikusuma's racket, I want to inaugurate it for some Surabaya children," he said.
Source : kompas.com