Polemic From Kabinda Of Central Sulawesi As Acting Regent Of West Seram, Junimart Girsang Asks The Public Not To Misunderstand MK's Decision

JAKARTA - Commission II of the DPR stated that there is no prohibition for active TNI-Polri officers to serve as acting (Pj) regional heads.

Following the polemic regarding the appointment of the Head of the Regional State Intelligence Agency (Kabinda) of Central Sulawesi, Brigadier General Andi Chandra As'aduddin, as Acting Regent of West Seram, who is an active TNI-Polri member.

Referring to the Regional Election Law Number 10 of 2016, Deputy Chair of Commission II DPR Junimart Girsang said active officers are allowed to serve as Acting Regional Heads as long as they serve outside the TNI-Polri organizational structure or serve as Primary High Leaders.

"So for the TNI/Polri who have been serving outside the TNI-Polri organizational structure with the position of JPT Pratama, they may be appointed as Acting Regents or Mayors," Junimart told reporters, Wednesday, May 25.

According to Junimart, a TNI-Polri officer is prohibited from serving as Acting Regional Head if he is still active in the organizational structure of the institution.

"What is prohibited is if he (the TNI-Polri officer) is still active and serving in the TNI-Polri structure. This is what is meant by the considerations and decisions of the Constitutional Court (MK)," continued Junimart.

Therefore, the PDIP politician asked the public not to misunderstand the Constitutional Court's decision regarding the appointment of acting regional heads. Instead, said Junimart, retired TNI-Polri officers should not become acting regional heads.

"So regarding this Constitutional Court decision, don't misunderstand, where some people think that the active TNI/Polri must retire before they can be appointed as Acting Regional Heads. If you have retired, you can't because you are no longer middle or primary leadership officials," he explained.

Previously, Coordinating Minister for Political, Legal and Security Affairs (Menko Polhukam) Mahfud MD, explained that the placement of active members of the TNI-Polri as acting (Pj) regional heads was in accordance with existing regulations.

"The issue of placing the TNI as the acting regional head is justified by the Government Regulation Act and by the Constitutional Court's verdict," said Mahfud MD, Wednesday, May 25.

Mahfud said that this was in accordance with Law Number 34 of 2004 concerning the TNI. Then, the placement of active members of the TNI-Polri as acting regional heads was also strengthened by Law number 5 of 2014 concerning ASN.

"(The Law, ed) It says that the TNI and Polri are not allowed to work outside the TNI, except in 10 Ministries/Agencies, for example at the Coordinating Ministry for Political, Legal and Security Affairs at BIN, BNN BNPT and so on, it is permissible for the TNI to work there," explained Mahfud MD.