Jakarta, hitclubapk3 Indonesia
—
The National Police Reform Acceleration Commission will make a decision
Constitutional Court
(MK) which confirmed the members
National Police
can only hold positions outside the police after resigning or retiring as input for reforming the National Police institution.
The Constitutional Court’s decision is contained in Case Number: 114/PUU-XXIII/2025 which was petitioned by Syamsul Jahidin (student/advocate) and Christian Adrianus Sihite (student), pronounced in a hearing which was open to the public today.
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“This will of course later become input for the Commission for the Acceleration of Police Reform. I was supposed to attend a meeting at PTIK today, but because there was also this meeting (discussion of amnesty, abolition and rehabilitation), Mr. Otto Hasibuan (Deputy Coordinating Minister) who is also a member of the committee attended there,” said Coordinating Minister for Law, Human Rights, Immigration and Corrections Yusril Ihza Mahendra who is also a member of the Commission for the Acceleration of Police Reform at his office, Jakarta, Thursday (13/11).
Yusril added that the National Police Reform Acceleration Commission would also discuss the conditions in which a number of active high-ranking police officers currently hold civilian positions.
“After there is a decision by the Constitutional Court, of course it must be followed up with changes to the statutory regulations and then of course there is also a transition regarding what those who already hold positions in ministries or institutions will be like. Later we will discuss that issue,” said Yusril.
Previously, the Constitutional Court emphasized that the Indonesian Police Chief (Kapolri) could not assign active police officers to occupy civilian positions.
The Constitutional Court stated that if a police officer wants to hold a civil position, he or she must resign or retire from their position.
In this case, the Constitutional Court granted the entire petition in case number: 114/PUU-XXIII/2025 which was petitioned by Syamsul Jahidin (student/advocate) and Christian Adrianus Sihite (student) who tested the constitutionality of the norms of Article 28 paragraph (3) and the Explanation of Article 28 paragraph (3) of Law 2/2002 concerning the Police (UU Polri).
Article 28 paragraph (3) reads: Members of the Indonesian National Police can hold positions outside the police after resigning or retiring from the police service.
Meanwhile, the Elucidation to Article 28 paragraph (3) states “What is meant by ‘positions outside the police’ are positions that are not related to the police or are not based on an assignment from the National Police Chief.”
“Substantially, these two provisions emphasize one important thing, namely that members of the National Police can only hold positions outside the police after resigning or retiring from the police service,” said Constitutional Justice Ridwan Mansyur.
“This means that, if understood and interpreted appropriately and correctly, ‘resigning or retiring from the police service’ is a requirement that must be fulfilled by members of the National Police to hold positions outside the police,” he continued.
There are different reasons or
concurring opinion
from Constitutional Justice Arsul Sani, who was essentially of the opinion that the phrase “or not based on an assignment from the National Police Chief” in the explanation of Article 28 paragraph 3 of Law 2/2002 has the potential to open up space for interpretation which can expand the norms of positions outside the police without any clear boundaries, so that the Petitioners’ petition has legal grounds to be granted.
Meanwhile, Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah had a different opinion or dissenting opinion which basically stated that throughout the examination the phrase “not based on an assignment from the National Police Chief” as in the explanation of Article 28 paragraph 3 of Law 2/2002 is not an issue regarding the constitutionality of norms, but rather an issue of norm implementation.Therefore, the Petitioners’ petition should be rejected because it has no legal grounds.
In their petition, the Petitioners attached a list of a number of active police officers who held positions outside the agency or who had no connection with the National Police institution.
These include the Chairman of the Corruption Eradication Commission (KPK), Commissioner General Pol Setyo Budiyanto;Police Commissioner General Rudy Heriyanto Adi Nugroho as Secretary General of the Ministry of Maritime Affairs and Fisheries (KKP);Komjen Pol Panca Putra Simanjuntak who serves at the National Defense Institute (Lemhanas).
Apart from that, there is also Commissioner General of Police Nico Afinta as Secretary General of the Minister of Law and Human Rights;Commissioner General Pol Marthinus Hukom as Head of the National Narcotics Agency (BNN);Komjen Pol Albertus Rachmad Wibowo as Head of BSSN.
Then Komjen Pol Eddy Hartono as Head of the National Counterterrorism Agency (BNPT) and Inspector General Pol Mohammad Iqbal served as Inspector General of the Indonesian Regional Representative Council (DPD).
The Petitioners consider that active police officers who occupy civil positions without resigning or retiring are contrary to the principle of neutrality of the state apparatus, and reduce the quality of democracy and meritocracy in public services.
(fra/ryn/fra)
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