Ministry of the Interior: Risma is removed from the mayor of Surabaya since he was inaugurated Minister of Social Affairs Page all

JAKARTA, KOMPAS.com – Interior Ministry Director General for Regional Self-Government Akmal Malik said Tri Rismaharini was automatically removed from his post as Mayor of Surabaya when President Joko Widodo was sworn in as Minister of Social Affairs of the Republic of Indonesia.

Akmal also said that in the rule of law, the district chief is prohibited from standing.

The regulations are in accordance with article 78, section 2, letter g, of Law No. 23 of 2004 on Regional Government.

Also read: Concurrent positions of social minister and mayor, Risma: already permission of the president of the PP

Article 78 says “The regional chief is dismissed because the president has assigned him a certain position that is prohibited concurrently with the legal provisions“the article read.

“He was fired since he was appointed as the new office. There is a ban on being a duplicate of the department. When he was appointed, he was stopped immediately,” Akmal said when contacted on Thursday (12/24/2020).

Akmal also explained that after Risma was appointed Minister of Social Affairs, the post of Mayor of Surabaya would be replaced by that of Deputy Mayor of Surabaya.

This, Akmal said, is in accordance with article 88 of Regional Government Law No. 23 of 2004, which states that if the definitive mayor has not been appointed, the deputy mayor performs the daily tasks.

“The deputy mayor (replaces), that is automatic. Law 23/2004 if the regional chief is absent or is no longer (in office) then the regional deputy chief carries out the task,” he said.

Furthermore, when asked about Risma’s declaration that he would attend the agenda in Surabaya as the mayor of Surabaya, Akmal said that this would interfere with the rules of Law Number 39 of 2008 on the Ministry of State.

“That (Risma’s statement) will be confusing with the existence of the Law of the Ministry of State,” he concluded.

Also read: Khofifah on Risma’s substitute: the procedure is simple, the rules are clear

Regarding Chapter V of the Law of the Ministry of State on Appointment and Dismissal, article 23 letter c establishes that the minister is prohibited from holding positions such as:

to. Other state officials in accordance with laws and regulations;

second. Commissioners or directors of state companies or private companies; or

C. The head of an organization that is financed with the State Budget and / or the Regional Expenditure Budget.

Then, Article 24 Paragraph 2 establishes that the Minister was removed by the President for various reasons.

One of them, article 24 subsection 2 letter d, is that the Minister is dismissed from his position for violating the provisions of the prohibition of duplication of positions under article 23.

Previously, Risma said that, at the moment, he was simultaneously serving as Minister of Social Affairs and Mayor of Surabaya.

Risma said that President Joko Widodo allowed him to temporarily return to Jakarta and Surabaya.

Also read: ICW urges Risma to withdraw from one of the departments

“Perhaps because I am simultaneously mayor for a while. I have the permission of the president, ‘Okay, Mrs. Risma, let him go home,'” Risma said in a virtual transfer of the position of Minister of Social Affairs in the Ministry of Affairs Social, Wednesday (12/23/2020).

Risma said that he would return to Surabaya to inaugurate a bridge, a sports museum and other agendas that he had to attend.

“It’s a shame if I don’t inaugurate (the bridge) and I want to inaugurate the sports museum because there is Rudi Hartono’s shirt, Alan Budikusuma’s racket, I want to inaugurate it for the children of Surabaya,” he said.