Assignment of Police Officers as Provisional Governor: Case Study an Acting Officer's Governor of West Java

摘要

In the Indonesian State of Administration system; it has been stipulated that if a regional head has entered the end of his office term; then it will be temporarily replaced by the Acting Officer regional head. In 2018; the Minister of Home Affairs formally inaugurates Police Commissioner-General; M. Iriawan as an Acting Officer of West java. The appointment of Police Commissioner-General M. Iriawan as an Acting Officer's Governor was not accompanied by his resignation from his active police service because of his position as a senior high-ranking official within the National Resilience Institute. This could drag the police institutions to violate the constitution because the constitutions have given strict limits on the role and authority of the police which are related to maintaining public order and security; law enforcement; protection; and service to the public. This study used a normative juridical type of research; using a conceptual approach; a statute approach; and a case approach. The data was analyzed qualitatively with an inductive method; which is trying to find the rules; values; and legal norms contained in the library; which is discussed after that. The result of this study showed that the appointment of high ranking officers of the Republic of Indonesia Police; which is equaled by the position of senior leadership of the central government as an acting officers (Pj) governor; is not in line with and contradictory to the provisions contained in Article 28 Paragraph (3) of the Republic of Indonesia Law Number 2 of 2002 concerning the Indonesian National Police.