If the Home Ministry appoints both Iriawan and Martuani as acting governors, the Law on the National Police and TNI must be obeyed.
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·3 minutes read
Kompas/Alif Ichwan
Chairman of the General Election Commission (KPU) Arief Budiman (third from left), accompanied by Chairman of the General Election Supervisory Board (Bawaslu) Abhan (center) and (from left to right) KPU Commissioner Pramono Ubaid Tanthowi, Evi Novida Ginting Manik, Ilham Saputra, Bawaslu Member Mochammad Afifuddin and KPU Commissioner Viryan demonstrate the matching and examining slogan (coklit) of the 2018 simultaneous regional elections after holding a press briefing on the progress and implementation of factual verification after the Constitutional Court\'s decision at the KPU central office, in Jakarta on Saturday (27/1).
A recent debate over assigning two high-ranking officials of the National Police as acting governors of West Java and North Sumatra has sparked new commotion.
The spirit of competition and suspicions of a power play has made the political situation ahead of the regional elections less stable. The idea of appointing Insp. Gen. Mochamad Iriawan as acting governor of West Java and Insp. Gen. Martuani Sormin as acting governor of North Sumatra has been mentioned in various circles as a means of implementing the National Police\'s “dual function.”
On the one hand, National Police chief Gen. Tito Karnavian has, on several occasions, emphasized the neutrality of the police’s role in the regional elections. Meanwhile, National Police deputy chief Comr. Gen. Syafruddin has expressed his view that the appointment of the high-ranking officers as acting governors remains up for debate.
The simultaneous regional elections will take place in 171 regions, including the gubernatorial elections, and will be carried out on June 27, 2018. In West Java province, the term of Governor Ahmad Heryawan will expire on June 13, 2018, while the term of North Sumatra Governor Erry Nuradi will end on June 16, 2018. Heryawan has served two terms, while Erry no longer has the support of political parties so will not take part in the elections.
In line with the law, the Home Ministry must appoint 17 caretakers to fulfil the duties of the governors whose term will expire, including those on leave. Home Minister Regulation No. 74 of 2016 stipulates that, "The caretaker of a governor\'s duties must come from the middle leadership of the Home Ministry or the provincial governments."
Vice President Jusuf Kalla said it was impossible to appoint Echelon I officials of the Home Ministry because their number was limited. Because of this, the Home Ministry once appointed Insp. Gen. Carlo Brix Tewu as the acting governor of West Sulawesi in 2016. Even though Tewu was a high-ranking police official, he was also an official of the of the Coordinating Ministry for Political, Legal and Security Affairs.
According to Article 20 of the Law on State Civil Apparatus, "A certain state civil apparatus position can be filled by an Indonesian Military (TNI) or National Police official. However, the appointment of a TNI or National Police officer is subject to the Law on National Police and TNI.“ This law stipulates that, "Members of the National Police of the Republic of Indonesia can hold positions outside the police after resigning or retiring from the police service". The same is stipulated in Article 109 of the Law on State Civil Apparatuses.
Therefore, if the Home Ministry appoints both Iriawan and Martuani as acting governors, the Law on the National Police and TNI must be obeyed. This requires that Iriawan and Martuani resign or retire. However, Irawan is still only 56 years old and Martuani 55 years old.
The controversy surrounding this debate must be brought to an immediate end. We understand the situation facing the Home Ministry. However, we must be convinced that the ministry will take wise steps to end the commotion by ensuring the neutrality of the TNI and National Polce and the spirit of reformation.
