The case of Regent Lucky Hakim who went abroad without permission from the Minister of Home Affairs or the Governor of West Java shows that there are still regional leaders who do not understand the regulations in the Regional Government Law.
07 Apr 2025 19:40 WIB · English
The holiday excitement of Indramayu Regent Lucky Hakim and his family in Japan during Eid was disrupted. His departure was found to have occurred without permission from the Minister of Home Affairs or the Governor of West Java. Yet, obtaining such permission is mandated by the Regional Government Law.
Thus, it is an opportune moment to remind regional leaders of the regulations in the Regional Government Law, especially now that many heads/deputy heads of regions have recently taken office as a result of the 2024 Regional Elections.
News of Lucky Hakim's vacation abroad has angered West Java Governor Dedi Mulyadi. There was absolutely no prior notification from Lucky before he and his family decided to vacation in Japan during the Eid holiday period. Dedi attempted to contact Lucky via WhatsApp to seek clarification, but he received no response.
Out of frustration, the politician from the Gerindra Party mocked Lucky Hakim through a post on his personal TikTok account. Dedi shared a photo of Lucky Hakim in Japan, accompanied by the caption, "Enjoy your vacation, Mr. Lucky Hakim. Next time you go to Japan, let us know first, okay...". The video was uploaded on Sunday (6/4/2025) and has been viewed up to 4.7 million times as of Monday (7/4/2025).
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Not only that, Dedi Mulyadi also mentioned the regulations in Law Number 23 of 2014 concerning Regional Governance (Regional Governance Law), which stipulates that regional heads/deputy regional heads planning to travel abroad must obtain permission from the Minister or Governor. Otherwise, there is a threat of temporary dismissal sanctions that may be imposed.
Dedi was furious about Lucky Hakim's unauthorized departure abroad because it occurred during Eid, a time when regional leaders are expected to assist in facilitating the Eid celebrations. Moreover, Indramayu, located on the northern coast of West Java, serves as a transit point for the flow of homecoming and return traffic during Eid.
It was only on Monday morning that Dedi reported being contacted by Lucky to apologize for not seeking prior permission. According to Lucky, his trip to Japan was to fulfill his children's wishes. Learning from Lucky's case, Dedi hopes that all regional heads will comply with the applicable regulations.
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Deputy Minister of Home Affairs (Wamendagri) Bima Arya Sugiarto also spoke out about Lucky's departure to Japan. The Ministry of Home Affairs plans to summon him to ask for an explanation. This is because there is a regulation prohibiting regional heads or their deputies from traveling abroad without permission from the Minister of Home Affairs (Mendagri) in the Regional Government Law.
"We will ask for an explanation from the Regent. Maybe during the regional head retreat, he missed the Minister of Home Affairs' explanation regarding the obligations and prohibitions for regional heads," Bima Arya told Kompas.com, Sunday (6/4/2025).
Deputy Chairman of Commission II of the DPR from the Democratic Party Faction, Dede Yusuf Macan Effendi, who was contacted on Monday (7/4/2025), also regretted Lucky's vacation to Japan.
"It is understandable that some people want to spend Eid holidays with their families. However, regional heads have a tough job during Eid. First, in terms of managing homecoming routes and human movement, especially in areas that are homecoming routes," he said.
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Therefore, Dede suggested that Lucky make a clarification and also convey an apology for choosing to go on vacation when he was needed during the Eid moment.
Just like Bima Arya and Dedi Mulyadi, Dede reminded about the rules regarding the departure of regional heads/deputy regional heads abroad in the Regional Government Law and the sanctions.
However, according to him, sanctions do not need to be imposed on Lucky. Dede asked the Ministry of Home Affairs (Kemendagri) to summon Lucky Hakim and provide him with guidance. Then, so that similar things do not happen again, he hopes that regional heads will understand the existing laws and regulations, so that they act in accordance with the applicable rules.
What exactly is the article in the Regional Government Law that Lucky Hakim has the potential to violate?
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The requirement for permission for regional heads/deputy regional heads when going abroad is stated in Article 76 paragraph 1 point (i) of the Regional Government Law. The article states that regional heads and deputy regional heads are prohibited from traveling abroad without the permission of the minister. The minister referred to is the minister who organizes domestic government affairs.
The threat of sanctions for regional heads/deputy regional heads who go abroad without permission is stated in Article 77 paragraph 2. The article states that regional heads/deputy regional heads who go abroad without permission will be subject to sanctions in the form of temporary suspension for three months by the president for governors/deputy governors and by the minister for regents/deputy regents or mayors/deputy mayors.
Professor of the Institute of Domestic Government and Djohermansyah Djohan viewed the Lucky Hakim case as showing that there are still regional heads who do not understand the rules that bind them.
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In fact, he assessed that the provision provided by the regional heads who had just taken office after the 2024 Regional Head Elections (Pilkada) was still insufficient.
"It is clear that this briefing is still inadequate, as was done previously at the Military Academy complex. It was only a week. In fact, the briefing of regional heads in the previous period could be done for up to 4 weeks," he said.
The training, referred to as leadership orientation, continued the former Director General of Regional Autonomy of the Ministry of Home Affairs, was conducted as a provision for regional heads to know the rights and obligations that bind them while in office. One of them is related to permission to leave their region.
Political officials, continued Djohermansyah, cannot be equated with state civil servants who have the right to leave because they must always be available for their respective regions. Therefore, in Article 76 of Law Number 34 of 2014 concerning Regional Government, it is stated that leaving their region without permission is prohibited.
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"The regional head is a leader, not a civil servant. They have to hang out in their area, their territory for 24 hours. So, if you want to go and ask for permission, there is a mechanism. There must be permission, and if there is, the acting officer is appointed," said Djohermansyah.
Although considered to have violated the regulation, Lucky Hakim cannot be immediately temporarily dismissed. According to Djohermansyah, there are a number of mechanisms that are taken, especially what is happening now is suspected to be due to the ignorance of regional heads regarding the regulation.
"(Lucky's) sanction should not be a temporary suspension. There are stages. He was given a warning first, and if he still violates, then it will be considered (temporary suspension). And if he is suspended for 3 months, the regional head will be given guidance, sent to school, so that he does not violate again," he explained.
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Lucky's mistake, Djohermansyah continued, is a momentum for all parties. In addition to regional heads who must better understand the rules, the Ministry of Home Affairs must also program more intensive coaching for regional heads.
"This is a momentum to improve the knowledge of regional heads related to their government. The Ministry of Home Affairs must also prepare in the future to create a legal umbrella related to this training because it is their right (regional heads)," said Djohermansyah.
Writer:
Machradin Wahyudi RitongaEditor:
A. Ponco Anggoro