Reciprocal Policy Reformulation of Placement of TNI and Polri in Certain Civilian Positions

Eka Deviani; Daffa Ladro Kusworo; Karmilla Febbiazka; Marlia Eka Putri A.T.

doi:10.31599/krtha.v18i3.3095

Authors

Eka Deviani University of Lampung
Daffa Ladro Kusworo University of Indonesia
Karmilla Febbiazka
Marlia Eka Putri A.T. University of Lampung

DOI:

https://doi.org/10.31599/krtha.v18i3.3095

Keywords:

ASN, Civil Service, Resiprocal

Abstract

The State Civil Apparatus (ASN) Law, which was just passed in parliament on October 3, has sparked polemics. This regulation allows the TNI and Polri to fill ASN positions within civil institutions, as outlined in Article 19. ASN positions consist of managerial positions and non-managerial positions. The explanation of the article states that the filling of TNI and Polri positions by ASN and vice versa aims to ensure that ASN, TNI and Polri soldiers have balance and equality in their career development based on the Merit System. This provision in principle contradicts the restriction efforts that have been regulated in the Polri Law and TNI Law. Article 28 Paragraph (3) of the Polri Law explicitly states that Polri members can hold positions outside the police after resigning or retiring from the police service. Article 47 Paragraph (1) of the TNI Law also regulates that soldiers can only hold civilian positions after resigning or retiring from active military service. Thus, the government should reassess and reformulate articles that are counterproductive. In the research conducted by the current author, normative research or doctrinal research and empirical juridical research are used. The main types of data in this research are primary data and secondary data. Data analysis is carried out qualitatively, namely the process of organizing and sorting data into patterns, categories, and one basic description, so that it can be formulated in accordance with the research objectives (substantive theory). This research also conducts comparative theory with other countries' concepts in limiting civilian positions for the TNI and Polri. The urgency of this research is to critically examine the reciprocal policy for the placement of certain civilian positions between TNI soldiers and Polri members with State Civil Apparatus (ASN) employees, which is interpreted as an accelerated expansion of job opportunities, but has implications for the staffing system and civilian militarization in Indonesia in projection.

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References

AAZH Ardi, Timbul Siahaan, and IB Putra Jandhana, “Indonesian National Defense Public Policy,” CITIZEN: Indonesian Multidisciplinary Scientific Journal 2, no. 1 (2022): 81–87.

Adella Anggia Pramesti, “Appointment of Acting Regional Heads from Active TNI Members Reviewed from a Legal Perspective,” COURT REVIEW: Journal of Legal Research (e-ISSN: 2776-1916) 4, no. 05 (2024): 22–37.

Agus Subagyo and S IP, “Realizing the Professionalism of the Indonesian Army in the Era of Reform,” Journal of the Indonesian Army Staff and Command School 2 (2017).

Ahmad Wahyudi and Andi Safriani, “Problems of Dual Positions of ASN, TNI, and Polri as Commissioners in State-Owned Enterprises,” Alauddin Law Development Journal 5, no. 3 (2023): 455–68.

Azhira Dwi Oktavianis, “The Influence of Leadership Style, Work Discipline, and Work Compensation on the Performance of Civil Servants of the Indonesian National Army Provision Agency: A Case Study of Civil Servants of the TNI Babek,” OPTIMAL Journal of Economics and Management 4, no. 3 (2024): 200–223.

Eki Furqon, “The Position of the State Civil Service Commission in Maintaining the Neutrality of the State Civil Service in the 2019 General Election Reviewed from Law Number 7 of 2017 Concerning General Elections (Case Study of the 2019 Election in Banten Province),” Adjudication: Journal of Legal Studies 4, no. 1 (2020): 15–28.

Fajrian Noor Anugrah, “The Relevance of Appointing TNI/POLRI Members as Acting (PJ) Regional Heads,” Journal of Development Policy 18, no. 1 (2023): 121–34.

Fauzi Rachman, Qualitative Research Methods (Bandung: Lakeisha Publisher, 2022), p. 20.

Halim, Merit System in the Comparative Perspective of State Civil Service Law (Deepublish, 2020).

Moh Bagus et al., “The Phenomenon of Filling Civil Servant Positions by the TNI/POLRI,” Sosio Yustisia: Journal of Law and Social Change 1, no. 1 (2021): 108–25.

Muhammad Adlan Kamil, “Legality of Active TNI Members Holding Concurrent Civilian Positions (Study of Law Number 34 of 2004 Concerning the Indonesian National Army)” (Faculty of Sharia and Law, UIN Syarif Hidayatullah Jakarta, 2022).

Muhammad Hendrik Novavah, “Analysis of Law No. 34 of 2004 Concerning the Position and Role of the TNI in State Government Institutions,” Rechtenstudent 1, no. 1 (2020): 1–7.

Ni'matul Huda, “Political Rights of the Indonesian National Army and the Republic of Indonesia National Police Post-Reformation,” Ius Quia Iustum Law Journal 21, no. 2 (2014): 203–26.

Novi Savarianti Fahrani, “Analysis of Criteria and Requirements for Certain ASN Positions That Can Be Filled by Polri Members and TNI Soldiers,” Civil Service Journal 12, no. 2 (2018).

Raihan Ardiansyah, Waluyo Waluyo, and Rosita Candrakirana, “Discretion in Appointing Acting Regional Heads from the TNI/Polri Elements,” Execution: Journal of Law and State Administration 1, no. 3 (2023): 37–47.

Sri Hartini, Civil Service Law in Indonesia (Jakarta: Sinar Grafika, 2008), p. 50.

Zainuddin Ali, Legal Research Methods, ed. Leni Wulandari (Jakarta: Sinar Grafika, 2021), p. 9.