The Nature of The Discretionary Authority of Regional Heads in The Appointment of Senior Executive Positions of Civil Servants in The Palopo City Government

Abstract

This research examines the nature of regional heads’ discretionary authority from the perspective of state administrative law, its implementation in the placement of Senior Executive Positions (JPT) in the Palopo City Government, and the factors influencing its application. Using normative-empirical legal research with juridical, theoretical, and sociological approaches, the study finds that discretionary authority constitutes legally granted freedom to act in areas not explicitly regulated, provided it serves the public interest and complies with legal principles. However, its implementation in Palopo has not fully met the principles of transparency, accountability, and proportionality under the merit system, particularly due to weaknesses in documentation, legal consultation, and administrative oversight. Influencing factors include weak technical regulations, permissive bureaucratic culture, limited institutional capacity, and low legal awareness. The study’s novelty lies in positioning discretion not merely as optional administrative power but as a juridical instrument inherent in regional leadership within the merit system, and in proposing an integrated discretionary governance model that balances administrative flexibility with legal accountability and bureaucratic ethics.