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KEWENANGAN ANGGOTA POLRI AKTIF SEBAGAI PEJABAT KEPALA DAERAH MENURUT SIYASAH SYARIYYAH (STUDI KASUS KOMJEN POL M. IRIAWAN SEBAGAI PLT GUBERNUR JAWA BARAT)
This study examines the controversy surrounding the appointment of Police Commissioner General M. Iriawan as Interim Governor of West Java, which has sparked debate due to his status as an active member of the Indonesian National Police. This appointment is considered to potentially violate the principles of neutrality and legal provisions, as stipulated in Law No. 2 of 2002 on the Police and Law No. 5 of 2014 on Civil Servants. This appointment risks blurring the boundaries between civilian and military power, which is a crucial pillar of democracy. The appointment of an Acting Governor from the police force has sparked unfavorable political dynamics, as security institutions are indirectly involved in politics. This risks undermining the neutrality of the police in future political contests. This research is a normative legal study with a descriptive analytical nature. The approach used is legislation related to the legal issues being studied, namely Law No. 2 of 2002, Law No. 5 of 2014, Law No. 23 of 2014, and case studies. The theories used in this research include the theory of authority and siyasah syariyyah. Primary sources were obtained from interviews with the West Java Provincial Government, specifically the Regional Secretariat and a government analyst for West Java Province, followed by the Bakesbangpol, specifically a young expert policy analyst in domestic politics for the entire West Java Province, and a member of the police force, specifically a member of the Cileungsi Police Station in West Java. Secondary sources were obtained through news, journals, scientific articles, the internet, and books related to the topic under study. The results of this study indicate that Max Weber's rational legal authority has strong legitimacy and is based on valid or applicable rules. Rational legal authority requires public officials to be neutral and professional in their positions. The authority of active members of the Indonesian National Police (Polri) under Law No. 2 of 2002 has the potential to create ambiguity between the roles of law enforcement and politics, which could undermine the independence of the Polri institution and disrupt professionalism in government bureaucracy. The appointment of active members of the Indonesian National Police as acting governors is not in line with Al-Mawardi's thinking regarding the principle of justice in wazir tanfidzi. The appointment was not made through an open and fair selection process, which has the potential to cause injustice to civilians or individuals who are more competent and suitable for the position of acting governor.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
KEWENANGAN ANGGOTA POLRI AKTIF SEBAGAI PEJABAT KEPALA DAERAH MENURUT SIYASAH SYARIYYAH (STUDI KASUS KOMJEN POL M. IRIAWAN SEBAGAI PLT GUBERNUR JAWA BARAT) (Text)
KEWENANGAN ANGGOTA POLRI AKTIF SEBAGAI PEJABAT KEPALA DAERAH MENURUT SIYASAH SYARIYYAH (STUDI KASUS KOMJEN POL M. IRIAWAN SEBAGAI PLT GUBERNUR JAWA BARAT) (Other)
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