Surabaya, hitclubapk3 Indonesia
—
Member
National Police Reform Acceleration Commission
and former Coordinating Minister for Political, Legal and Security Affairs,
Mahfud MD
confirms the decision of the Constitutional Court (
MK
) which prohibits active members of the National Police from holding civil positions is final and automatically takes effect immediately.
“The Constitutional Court is a legal and binding decision. According to the law, the Constitutional Court’s decision takes effect immediately as soon as the gavel is pressed,” said Mahfud after attending DIRAYA 2025: Discussion with the People at Campus B, Airlangga University, Friday (14/11).
ADVERTISEMENT
SCROLL TO CONTINUE WITH CONTENT
According to Mahfud, the Constitutional Court’s decision is at the legal level which must be implemented immediately.He emphasized that if the state still claims to be implementing the principles of constitutional democracy, then active members of the National Police must resign or quit their civil positions.
“So the dismissal processes must be immediately reorganized if we still want to recognize that this is a country of law or a constitutional democratic country,” he said.
Mahfud also said that implementing the Constitutional Court’s decision did not require prior revision of the law.According to him, the Constitutional Court’s decision could cancel the regulations regarding the automatic assignment of active Polri members to civilian positions.
“No, the Constitutional Court’s decision doesn’t require changing the law, it comes into effect immediately. The law was immediately cancelled. That which was contained or assigned by the National Police Chief has already been cancelled. That means now that it’s cancelled, there’s no need to change the law any more. Well, it takes effect immediately,” he said.
However, said Mahfud, the implementation of the Constitutional Court’s decision is not within the authority of the National Police Reform Commission.He explained that the work of the National Police reform team was only administrative in nature and was conveyed to the president.
“If the decision to reform the National Police is administrative, then yes. If the reform is administrative, it will be conveyed to the president,” he said.
Previously, the Constitutional Court emphasized that members of the Indonesian National Police (Polri) who hold positions outside the police, aka civilian positions, must resign or retire from the police service.
The Constitutional Court through Decision Number 114/PUU-XXIII/2025 which was pronounced on Thursday (14/11), removed the provisions which had previously provided a loophole for active police officers to occupy civil positions without giving up their membership status first.
“Stating the phrase ‘or not based on an assignment from the Chief of Police’ in the Explanation to Article 28 paragraph (3) of Law Number 2 of 2002 concerning the National Police is contrary to the 1945 Constitution of the Republic of Indonesia and has no binding legal force,” said Chief Justice of the Constitutional Court Suhartoyo in the Plenary Courtroom of the Constitutional Court, Jakarta.
In this case, the Constitutional Court granted the petition of advocate Syamsul Jahidin and student Christian Adrianus Sihite in its entirety.The petitioners tested the constitutionality of the norms of Article 28 paragraph (3) and the Elucidation to Article 28 paragraph (3) of the National Police Law.
Article 28 paragraph (3) of the National Police Law states that “Members of the Indonesian National Police can hold positions outside the police after resigning or retiring from the police service.”
Meanwhile, the Explanation to Article 28 paragraph (3) of the National Police Law reads, “What is meant by ‘positions outside the police’ are positions that are not related to the police or are not based on assignments from the National Police Chief.”
(fra/frd/fra)
[Gambas:hitclubapk3 Video]
Read More: SAFENet Responds to Influencer Certification Discourse, Can’t Be Random
Read More: Ariana Grande was ambushed and in Singapore, Cynthia Erivo took her body
