TINJAUAN YURIDIS PENGAJUAN RAPBD OLEH PENJABAT SEMENTARA (PJS) KEPALA DAERAH

Abstract

Article 60 of Law No. 23 of 2014 regulates the term of office for regional heads and their deputies. When a regional head runs for re-election, a vacancy occurs in the position due to the requirement of obtaining permission to not work for a certain period of time or taking leave as stipulated in Article 70 paragraph (3) of Law No. 10 of 2016. An Acting Regional Head (Pjs) is appointed, but there are issues regarding the limitations of tasks and authorities of the Pjs, one of which is the authority to propose the Regional Budget (RAPBD) which lacks a legal basis. This has implications for the annual regional financial plan. Minister of Home Affairs Regulation No. 4 of 2023 states that the authority of the Acting is the same as that of the regional head. However, this regulation does not mention whether the Pjs has the authority to propose the RAPBD, thus creating a legal vacuum due to the distinction between the Acting Regional Head and Pjs. The research method used is normative juridical. A legal basis is required for the authority of the Pjs to propose the RAPBD, either by establishing transitional provisions in Minister of Home Affairs Regulation No. 4 of 2023 to repeal the previous regulation or by other means.