Abstract

Dismissal of the Governor as the form of responsibility based on use of the authority must be imposed in accordance with the classifications of mistake. It is based on the principle of geen bevoegdheid zonder verantwoordelijkheid. The Law Number 23 of 2014 enacted in detail the mechanisms of the Governor dismissal based on the classifications of mistake. The classifications of mistake consist of general mistakes; specific mistakes; coupled with not performing the national strategic programs. If the general mistakes made by the governor, dismissal will be done through submission of proposal to the Regional Representatives Council. When the specific mistakes, dismissal will be done through temporary dismissal mechanism. When not performing the national strategic programs, dismissal will be done through administrative sanction mechanism by President. In the case of Blasphemy Crime that is charged to Basuki Tjahaja Purnama cannot be justified for dismissing Basuki Tjahaja Purnama as the Governor of Jakarta, because indictment charged to Basuki Tjahaja Purnama can be regarded as specific maximum threat, not a specific minimum threat based on Article 83 paragraph (1) of The Law Number 23 of 2014.

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