PENUNJUKAN ANGGOTA AKTIF TNI-POLRI MENJADI PENJABAT KEPALA DAERAH DITINJAU DARI UNDANG-UNDANG NOMOR 2 TAHUN 2002 TENTANG POLRI DAN UNDANG-UNDANG NOMOR 34 TAHUN 2004 TENTANG TNI

Most of the regional heads will leave their positions as governors or regents in their respective regions between 2022-2024. To fill the vacancy in the regional head position, the Regional Head Election Law provides a mandate through the appointment of acting regional heads until the regional head is elected through simultaneous regional head elections (Pilkada) in 2024. However, things are different if someone who is appointed as acting regional head comes from from active TNI-POLRI circles as happened in the West Seram district, West Papua Province and several other areas. The problems in this research are, First, what is the legality of appointing Active TNI-Polri members to be Acting Regional Heads in terms of Law Number 2 of 2002 concerning the National Police and Law Number 34 of 2004 concerning the TNI. Second, what are the implications of appointing Acting Regional Heads from Active TNI-Polri Members. The aim of this research is to find out and comprehensively examine the legality and implications. This research method uses a normative juridical method. Then the results of this discussion violate the regulations or norms in the TNI-Polri law and have implications for the electoral system in Indonesia, TNI-Polri institutions, and Regional Government. Conclusions and suggestions regarding the legality of appointing active members of the TNI-Polri is contrary to existing laws, even the appointment This is not legal and has implications that do not reflect and harm democratic values. The first suggestion is that there needs to be a fit and proper test for acting regional heads before being appointed as acting; second, there is an institutional evaluation for active TNI-Polri members who hold concurrent positions; third, sanctions are given to active TNI/Polri members who hold multiple positions in order to achieve legal certainty.