Appointment of Members of the Indonesian National Army as Acting Regional Heads in the Face of Simultaneous Regional Elections in 2024

Abstract

The simultaneous Regional Head Elections in 2024 result in vacancies in the positions of Governor, Regent and Mayor who expire their terms because they have to wait for definitive officials from the results of the 2024 Regional Head Elections. This study aims to analyze the arrangement for the appointment of members of the Indonesian National Army as Acting Regional Heads and analyze the limits of authority possessed by Acting Regional Heads in implementing regional government. The type of research used is juridical-normative with a statutory approach, The results of the research are, first, the appointment of members of the Indonesian National Army as Acting Regional Heads is contrary to the provisions of Article 201 Paragraph (11) of Law Number 10 of 2016 concerning Regional Head Elections, and Article 19 Paragraph (1) of Law Number 5 of 2014 concerning State Civil Apparatus, besides that there are also other conflicts in Article 47 Paragraph (1) of Law Number 34 of 2004 concerning the Indonesian National Army. Second, the authority of the Acting Regional Head is limited by four things, namely prohibiting employee mutations, canceling licenses that have been issued by previous officials and/or issuing licenses that are contrary to those issued by previous officials, making policies on regional expansion that conflict with the policies of previous officials, and making policies that are contrary to government administration policies and official development programs previously. The limitation of such authority may be waived with the written approval of the Minister of Home Affairs. However, the provisions for obtaining written approval from the Minister of Home Affairs are not regulated in the applicable laws and regulations.