Pramesti, Adella Anggia (2024) Pengangkatan Penjabat Kepala Daerah Dari Anggota TNI Aktif Ditinjau Dari Segi Hukum. (Appointment of Acting Regional Heads from Active TNI Members Reviewed from a Legal Perspective). Undergraduate thesis, Universitas 17 Agustus 1945 Surabaya.
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Abstract
The appointment of regional head officials in the context of synchronizing the 2024 regional elections has resulted in the emergence of new problems, namely the appointment of active TNI members as acting regional heads. The election process is considered undemocratic, and the positions held are considered not in accordance with statutory regulations, as well as the active status of TNI soldiers which is considered to be in conflict with the TNI Law. This causes problems in society. So an analysis of the mechanisms that occur in the process of appointing TNI officers to become acting regional heads is needed. This research is normative legal research with the type of research used, namely library research. The approaches used are the statutory approach and the conceptual approach. This research aims to understand the regulations for the appointment of acting regional heads who come from active TNI members. The position of the TNI is regulated in the TNI Law as a state institution whose task is to act as a defense tool. The regulations governing the position of acting regional heads from members of the TNI are Article 47 Paragraph (1) of the TNI Law, Article 147 of Government Regulation Number 11 of 2017 jo. Government Regulation Number 17 of 2020 concerning Management of Civil Servants as implementing regulations for Law Number 5 of 2014 as well as Article 148 Paragraph (2), and Article 149 of Government Regulation Number 11 of 2017 concerning Management of Civil Servants and related to filling political positions as acting governors, regents, mayors, by TNI soldiers is the decision of the Constitutional Court (MK) Number 67/PUU-XIX/2021 and Number 15/PUU-XX/2022 and Article 201 paragraph (10), (11) of Law N0.10 of 2016 The government should make implementing regulations based on the law that regulates regional elections so that the filling of officials is not considered to be ignoring democratic principles, while ensuring that they take place in an open, transparent and accountable manner.
| Item Type: | Thesis (Undergraduate) |
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| Uncontrolled Keywords: | Appointment, Acting regional head, TNI |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Ilmu Hukum |
| Depositing User: | 1312000124 Adella Anggia Pramesti |
| Date Deposited: | 22 Feb 2001 16:02 |
| Last Modified: | 22 Feb 2001 16:02 |
| URI: | http://repository.untag-sby.ac.id/id/eprint/32434 |
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