DISMISSAL OF THE GOVERNOR ON CHARGES OF BLASPHEMY CRIME

DOI

10.2991/iclgg-17.2018.24How to use a DOI?

Keywords

responsibility, classification of faults, Blasphemy Crime, dismissal of the Governor

Abstract

Dismissal of the Governor as the form of responsibility based on use of the authority must be imposed in accordance with the classification of faults. 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 faults. The classifications of faults consist of general faults; specific faults; coupled with not performing the national strategic programs. If the general faults made by the governor, dismissal will be done through submission of proposal to the Regional Representative Council (DPRD). If specific faults made by the governor, the dismissal procedure will be done through temporary dismissal. 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) The Law Number 23 of 2014.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Mohammad Saleh
PY  - 2017/11
DA  - 2017/11
TI  - DISMISSAL OF THE GOVERNOR ON CHARGES OF BLASPHEMY CRIME
BT  - Proceedings of the International Conference on Law, Governance and Globalization 2017 (ICLGG 2017)
PB  - Atlantis Press
SP  - 173
EP  - 181
SN  - 2352-5398
UR  - https://doi.org/10.2991/iclgg-17.2018.24
DO  - 10.2991/iclgg-17.2018.24
ID  - Saleh2017/11
ER  -