Tinjauan Yuridis Pengangkatan Penjabat Kepala Daerah dari Unsur TNI dan POLRI

Abstract

The background of this research focuses on the appointment of acting regional heads from the TNI and Polri in the Indonesian government system. This appointment has caused controversy regarding the neutrality and professionalism of the two institutions, even though it has been regulated in the 1945 Constitution and Law Number 23 of 2014. This study aims to analyze the regulation of the appointment of TNI and Polri members as acting regional heads, the problems that arise, and the legal consequences of these appointments in the Indonesian constitutional system. The method of writing this research uses a normative legal approach, by analyzing legislation and relevant legal documents. Secondary data is collected from literature, books, and scientific articles related to the appointment of acting regional heads from the TNI and Polri. Conceptual and statutory approaches are used to understand the regulations governing the appointment. The appointment of acting regional heads from the TNI and Polri is strictly regulated to maintain neutrality and professionalism. They are appointed to fill vacant positions and must fulfill requirements, including resigning before being inaugurated. The process involves a proposal from the Ministry of Home Affairs to the President and must be transparent. Violations of neutrality can result in legal sanctions and lower public trust. Decisions made by an unqualified acting officer may be deemed invalid, creating uncertainty in local governance. This research emphasizes the need for clear regulations and strict oversight to maintain political integrity and stability.