CD Skripsi
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. The positive legal view that regulates the appointment of TNI Polri officials is the result of the discussion explaining that the Acting Regional Head is legally valid but becomes a discourse in political view, especially experts who criticize the decision.
Keywords: Appointment of Police Officers - Acting Regional Head - State Civil Appar
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