DiH : Jurnal Ilmu Hukum
Volume 21 Nomor 1 Februari 2025

The The Appointment of Active Indonesian National Armed Force as Acting Regional Heads Based on Good Governance Principles

Pratama, Muhammad Rezky (Unknown)
Harianto, Aries (Unknown)
Firdaus, Fahmi Ramadhan (Unknown)



Article Info

Publish Date
11 Dec 2024

Abstract

The 2024 Regional Election are the first time simultaneous national Regional Election have been held. As a result, 271 regional head positions are vacant due to the expiration of their term of office. Acting Regional Heads were appointed to fill in temporarily. One of the polemics is that an active Indonesian National Armed Force’s member was appointed as Acting Regent of West Seram. This research is a normative juridical research with statutory, conceptual, and historical approaches. The results showed that the Good Governance Principles has been regulated in Law Number 28 of 1999 concerning Clean and Free State Administration from Corruption, Collusion and Nepotism and Law Number 30 of 2014 concerning Government Administration, which when juxtaposed, there is 1 principle in common, namely the principle of legal certainty. The appointment of active Indonesian National Armed Force as Acting Regional Heads is not by the principle of legal certainty. The appointment contrary to Article 47 paragraph (1) of the Law Number 34 of 2004 concerning the Indonesian National Armed Force as the “lex specialis”. The appointment is also not by the Good Governance Principles construction in Article 10 of the Law 30/2014 because it violates the principle of legal certainty, accuracy, not abusing authority, openness, and good service. It is recommended that the Government in making the appointment of Acting Regional Heads should be guided by the Good Governance Principles and provide opportunities for the people to be involved so becomes more transparent and by democratic values.

Copyrights © 2025






Journal Info

Abbrev

dih

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

DiH: Jurnal Ilmu Hukum is published by the by the University Law Faculty Doctor of Law Study Program August 17, 1945 Surabaya. First published in 1996 and up to now there are as many as two editions per year. This journal gives readers access to download journal entries in pdf file format. DiH: ...