DISMISSAL OF THE GOVERNOR ON CHARGES OF BLASPHEMY CRIME
- 10.2991/iclgg-17.2018.24How to use a DOI?
- responsibility, classification of faults, Blasphemy Crime, dismissal of the Governor
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.
- © 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/).
Cite this article
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 -