The deployment of the TNI/Polri is carried out because there are hundreds of vacant regional head positions in 2022 due to the 2024 General Election.
Coordinating Minister for Political, Legal and Security Affairs Mahfud Md gave an explanation regarding the placement of members of the TNI and Polri as acting regional heads.
Mahfud MD ensures that there is no prohibition at all in the current regulations.
"That's justified by law, government regulations, and the Constitutional Court's verdict," he said in an official explanation, Wednesday, May 25, 2022.
This placement is done because there are hundreds of vacant regional head positions in 2022, due to the 2024 General Election.
On April 10, 2022, President Joko Widodo or Jokowi said that 101 acting regional heads had been prepared.
Starting from 7 governors, 76 regents, and 18 mayors. One of those who will fill this position is the army and police, which then reap the pros and cons.
Mahfud explained a number of regulations that apply. The first is Law or Law Number 34 of 2004 concerning the Indonesian National Army. The law prohibits the TNI from holding civilian positions, outside of 10 institutions.
This rule is contained in Article 47, which reads:
(1) Soldiers can only occupy civilian positions after resigning or retiring from active service in the army.
(2) Active soldiers can hold positions in the office in charge of the coordinator of the field of State Politics and Security, State Defense, Presidential Military Secretary, State Intelligence, State Code, National Defense Institute, National Defense Council, National Search and Rescue (SAR), National Narcotics , and the Supreme Court.
Furthermore, the rules in the TNI Law are also strengthened by Law Number 5 of 2014 concerning State Civil Apparatuses (ASN). This provision is contained in Article 20 which reads:
(1) ASN positions are filled from ASN employees.
(2) Certain ASN positions can be filled from:
a. Indonesian National Army soldiers; and
b. member of the Indonesian National Police.
(3) The filling of certain ASN positions originating from Indonesian National Armed Forces soldiers and members of the Indonesian National Police as referred to in paragraph (2) is carried out at the Central Agency as regulated in the Law concerning the Indonesian National Army and the Law concerning the Indonesian National Police. .
Mahfud added that there is also Government Regulation No. 11 of 2017 concerning Civil Servant Management. "It is stated that the TNI and Polri may occupy certain civilian positions and be given an equivalent structural position," he said.
Mahfud mentioned the decision of the Constitutional Court (MK) Number 15/PUU-XX/2022 which was published on April 20, 2022. "This is often misunderstood," said the former Chief Justice of the Constitutional Court.
The decision contains at least two provisions. First, members of the TNI and Polri are not allowed to work in civilian institutions, except in 10 ministries and institutions that are regulated in the TNI Law.
Second, the Constitutional Court also regulates the position of the acting regional heads of the TNI and Polri. "As long as the members of the TNI and Polri have been given high-level or pratama positions, they may become acting regional heads," he said, referring to the decision.
It is this decision, said Mahfud, which has been questioned a lot in the issue of placing members of the TNI and Polri as acting regional heads. Mahfud asked all parties to read this decision clearly.
In addition, Mahfud Md said that the placement of members of the TNI and Polri had also been carried out in 2017 and 2018. Most of them were in 2020 when there was an election in the midst of Covid-19. Thus, members of the TNI and Polri were appointed as acting regional heads. (tempo, photo: 5 ilustration)
