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The Village Consultative Body (BPD) stands as a vital democratic institution, representing the voice of village residents through a structured Legislative Self-Regulation framework. Tasked with discussing village regulations, channeling community aspirations, and performing Procedural Governance through the monitoring and evaluation of the Village Head, the BPD must maintain the highest standards of internal conduct. When a member fails to uphold these standards, the BPD leadership is mandated to initiate dismissal proceedings to protect the institution’s integrity.
Contrary to common misconceptions, BPD oversight is not a judicial power but a systematic monitoring process. Similarly, the dismissal of its members is a strictly regulated administrative sequence designed to ensure the BPD remains a high-performing legislative body.
Legal Grounds for Membership Cessation
According to Permendagri Number 110 of 2016, specifically Article 19, a BPD member’s tenure may end due to three primary reasons. Maintaining Procedural Governance requires clear documentation for each case:
- Death: Natural cessation of the term.
- Resignation: Voluntary departure by the member.
- Dismissal: Compulsory removal due to violations of prohibitions or legal requirements.
The Mechanism of Legislative Self-Regulation
Under Situbondo Regional Regulation (Perda) Number 8 of 2021, Article 22, the BPD leadership has the authority to process an internal dismissal. This occurs when a member is found to have violated statutory prohibitions. The process follows a strict Procedural Governance path: the BPD leadership convenes a meeting, reaches a consensus, and issues a formal BPD Decision regarding the dismissal proposal.
This proposal is then forwarded to the Village Head, who is legally obligated to transmit the request to the Regent of Situbondo through the Sub-district Head (Camat) within a maximum of seven days. This timeframe ensures that the legislative vacancy does not hinder village administration.
Essential Administrative Attachments
To ensure Legislative Self-Regulation is audit-ready and legally defensible, the BPD leadership must provide the following evidence-based documents:
- Letter of Resignation: (If applicable) signed by the member.
- Minutes of the BPD Leadership Meeting: Documenting the deliberation and reasons for the dismissal.
- BPD Decision (SK BPD): The formal legislative act proposing the dismissal.
Conclusion: The Final Authority of the Regent
In conclusion, while the BPD initiates the process through Legislative Self-Regulation, the final authority for dismissal rests solely with the Regent. A BPD member is only officially dismissed once the Regent issues a formal Decree (SK Bupati). The BPD leadership provides the Procedural Governance necessary for this executive action, ensuring that the village government remains transparent, accountable, and legally sound. Integrity in internal discipline today is the key to a trusted village legislature tomorrow.