TINJAUAN YURIDIS PENUNJUKAN ANGGOTA TNI POLRI AKTIF SEBAGAI PELAKSANA TUGAS, PENGGANTI JABATAN KEPALA DAERAH DI INDONESIA

Abstract

The proposal to appoint the Indonesian National Police as an Acting
(Pj) Regional Head by the Ministry of Home Affairs (Kemendagri) reaped
polemic. This is done to fill the position of regional head whose term of office
ends before the election of a new regional head as a result of the Regional Head
Election (Pilkada). Rules regarding the appointment of Acting regional heads can
be found in Article 201 paragraph (10) of the Election Law which states: To fill
the vacancy in the position of Governor, an acting Governor is appointed from the
position of mid-high leadership up to the Governor's inauguration in accordance
with the provisions of laws and regulations.
In addition, Article 4 paragraph (2) Permendagri Number 1 of 2018
concerning Amendments to Minister of Home Affairs Regulation Number 74 of
2016 concerning Leave outside the State's responsibility for Governors and
Deputy Governors, Regents and Deputy Regents, as well as Mayors and Deputy
Mayors stipulate the Law Number 1 of 2015 concerning the Election of
Governors, Regents and Mayors that Governor officials come from middle/high
level leadership officials within the central/provincial government. The
appointment was carried out with the nuances of the upcoming regional head
election and allegedly having political content which not only has the aim of
maintaining the publication and security of the implementation of regional head
elections, but is suspected to be in the interest of winning one of the candidate
pairs desired by those with an interest in this matter by rulers who come from the
incumbents, therefore the author has the inclination and interest to analyze this
constitutional issue in a thesis research so that a consensus can be obtained that
has a guarantee of juridical and scientific truth.
Normative Juridical Research, namely an approach based on the main
legal material by examining the theories, concepts, legal principles and statutory
regulations related to this research. This approach is also known as the library
approach, namely by studying books, laws and regulations and other documents
related to this research, library research, namely research conducted in
reviewing, analyzing and formulating books, literature, and others that are
relevant to the title of this thesis.
Keywords: Appointment of Police Officers - Acting Regional Head - State Civil
Apparatus